§ 48:1655 — Board of commissioners; membership; terms

§1655. Board of commissioners; membership; terms
A.(1) The board of commissioners of the authority shall be composed of three
members from each participating parish appointed by the chief executive officer of that
parish, subject to the approval of its governing authority, one member appointed by the New
Orleans City Council, one member appointed from House District 102 by the state
representative representing the district beginning on September 1, 2024, and this appointment
shall rotate every four years thereafter between the member appointed from the house district
and a member appointed from Senate District 7 by the state senator representing the district,
and two members appointed by the chief executive officer of the parish with the greatest
percentage of public transit revenue operating miles from recommendations of the legislative
delegation of that parish as follows:
(a) One member shall be appointed from a list of four names submitted by the
senators from that parish's legislative delegation, and
(b) One member shall be appointed from a list of six names submitted by the
representatives of that parish's legislative delegation.
(c)(i) In the event that the senators or representatives of that parish's legislative
delegation fail to submit a list of names to the chief executive officer of that parish within
thirty days of the date on which notice to submit such list of names is sent to the senators or
representatives of that parish's legislative delegation, then the chief executive officer of that
parish shall appoint such member as would have been authorized for the senators or
representatives of that parish's legislative delegation.
(ii) If any participating parish opts out of the Regional Transit Authority after August
1, 2024, the chief executive officer of the parish or governing authority shall have the power
to appoint two new members to the board.
(2) Each member appointed by the chief executive officer of a parish shall be
domiciled within the parish. Further, each member appointed to the authority shall possess
the minimum transit expertise standards and commit to completing at least two hours of
transit-specific training either before taking office or no later than one year after the office
is assumed. The transit minimum standards shall be established by the board of
commissioners by January 1, 2025, and shall then apply to all newly appointed
commissioners.
B. Such appointees shall be qualified voters holding no elective public office.
Appointees to any agency, board or commission of any participating parish shall be eligible
for appointment to the board provided that no per diem is received from any such agency,
board or commission by such appointee.
C. All members appointed to the board of commissioners shall serve at the pleasure
of the appointing authority.
D. The members presently serving on the board of commissioners and appointed by
the respective parish governing authorities shall continue to serve on the board of
commissioners unless so notified by the respective parish governing authority. A member
of the authority may be appointed to succeed himself.
E.(1) The parishes of Jefferson, Orleans, St. Bernard, and St. Tammany may initially
decline membership on the board and participation in the authority, or any parish which has
withdrawn from participation in the authority pursuant to this Chapter, and in any parish
eligible to participate, the governing body may at any time request of the board the parish's
entrance and participation in the authority. If participation in the authority requires the
adoption or implementation of any tax on the citizens of the parish, such local governing
body of the parish which is seeking to participate in the authority shall submit to the qualified
voters thereof in a referendum, held in accordance with law, the question of whether or not
the parish should participate in the authority. If a majority of those voting in such
referendum vote in favor of participation in the authority, the local governing body shall
request the board to permit the parish's participation in the authority.
(2) If no financial advantage over participating parishes has accrued to that parish
by having previously declined membership the board, after being requested by the governing
body, shall approve such request for membership at its next regularly scheduled meeting.
The admission of any other parish eligible for membership in the authority must be approved
by a two-thirds weighted vote.
(3) Thereupon such parish shall be a participant in the authority and its rights and
responsibilities shall, insofar as possible, be the same as if it had participated in the authority
from its beginning, provided that the parish shall assume its pro rata share of the then current
expenses of the authority, as determined by the authority.
(4) A participating parish may, by resolution of its local governing body, withdraw
from participation in the authority. The withdrawal shall be effective forty-five days
following the authority's receipt of the resolution. Thereafter, the authority shall have no
jurisdiction within that parish.
F. Members of the board may be removed for just and reasonable cause at the
discretion of the respective appointing authority. In case of abandonment of his office,
conviction of a felony or a plea of nolo contendere thereto, the office of a member shall be
vacant upon the declaration of the board. A member shall be deemed to have abandoned his
office upon failure to attend any regular or special meeting of the board for a period of four
months without an excuse approved by a resolution of the board, or upon change of his
domicile from the parish which he represents on the authority.
G. The board may establish a system by which each board member shall receive per
diem or where the members shall be reimbursed for actual expenses incurred by him in the
performance of his duties, as approved by the board. A board member shall not be allowed
employee benefits as authorized under this Chapter.
H. The board shall elect from its members a chairman and vice chairman for terms
to expire on December 31 of each year. The presiding officer of the board may continue to
vote as any other member. Provided that in the event of a tie weighted vote where the
presiding officer has voted, the action shall be considered defeated.
I.(1) The board shall hold at least ten meetings per year. The secretary of the board
shall give written notice and agenda in accordance with R.S. 42:19.
(2) In order to conduct any official meeting, a quorum is required. A quorum shall
consist of sufficient members present to constitute two-thirds of the weighted vote, and at
least one representative of a majority of the parishes comprising the authority. A majority
of the quorum present at a meeting may exercise all the powers and perform all the duties of
the board, except as otherwise hereinafter provided or as limited by its bylaws. If there is
only one parish represented on the board of commissioners, a simple majority of the regular
membership is required to establish a quorum or to adopt a motion. Proxy voting shall not
be permitted under any circumstances.
(3) The minutes and the documents and reports made a part of the minutes of any
board executive committee or committee meeting shall be open to public inspection in
accordance with reasonable rules and regulations prescribed by the board. The board shall
furnish certified copies of such public records upon written request and upon payment of a
reasonable charge therefor.
J. In those matters proposed by the authority that are intraparish in nature, the
members of the delegation of the parish affected by such proposal may, by a majority vote
of its members, veto the authority's proposal, provided, however, that within thirty days
following receipt of a written notice of the veto the governing authority of such parish shall
override or sustain that veto. A veto so sustained shall not be overridden. Interparish matters
proposed by the authority which involve two or more of the participating parishes may be
vetoed by a majority vote of the delegation of one of the affected parishes. Within thirty days
following receipt of a written notice of the veto, the governing authority of such parish shall
override or sustain that veto. A veto so sustained may be overridden by a two-thirds
weighted vote of the membership of the authority. If no action is taken by the governing
authority of a participating parish within thirty days following written notice of the veto on
either intraparish or interparish matters, the veto shall have been sustained.
K. Notwithstanding any other provisions of this Chapter, the following actions by
the board shall require the affirmative vote of a majority of the weighted vote-population
ratio of the board as provided herein:
(1) The issuance and sale of revenue bonds, as contemplated in R.S. 48:1658.
(2) The purchase or lease of any privately owned system of transportation of
passengers for hire in its entirety, or any substantial part thereof, as contemplated in R.S.
48:1656(19). Prior to the purchase or lease of any such privately owned system, a public
hearing pertaining thereto shall be held and prior notice of such public hearing shall be
advertised. In no event shall any sum be paid for such privately owned system of
transportation which is in excess of the fair market value thereof, determined by a minimum
of two appraisers and approved by a majority of the local governments participating in the
financing of such purchase.
(3) The award of any contract for construction, alterations, supplies, equipment,
repairs, maintenance, or services other than professional services, or for the purchase, sale,
or lease of any property required by the terms of R.S. 38:2211 et seq. to be advertised and
let by contract to the lowest responsible bidder who had bid according to the advertised
specifications.
(4) The grant of any concession, as contemplated in R.S. 48:1656(19).
(5) The award of any contract for the management of any authority-owned property
or facility, as contemplated in R.S. 48:1656(8).
L. The board shall appoint and employ, as needed, a general manager, a secretary,
a treasurer, and a general counsel, none of whom may be members of the board or a relative
of a member of the board, and shall delegate to them such authority as it deems appropriate.
It may adopt such bylaws or rules and regulations as it deems appropriate for its own
government, not inconsistent with this Chapter, including the creation of an executive
committee to exercise such authority as its bylaws may prescribe.
M. The treasurer of the authority and such other officers and employees of the
authority and such members of the board as the board determines shall execute corporate
surety bonds, conditioned upon the faithful performance of their respective duties. A blanket
form of surety bond may be used for this purpose. Neither the obligation of the principal or
the surety shall extend to any loss sustained by the insolvency, failure, or closing of any
depository which has been approved as a depository for public funds.
N.(1) Notwithstanding any other provision of law to the contrary, the authority shall
not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of
the Constitution of Louisiana. No employee of the authority covered by a collective
bargaining agreement or who is a member of any other retirement plan shall be included in
the state civil service system or the Louisiana State Employees' Retirement System.
(2)(a) Notwithstanding any other provision of law to the contrary, the authority shall
remit to the Louisiana State Employees' Retirement System that portion of the unfunded
accrued liability existing on June 30, 2019, attributable to the authority. The amount due
shall be determined by the actuary employed by the retirement system and shall be amortized
over ten years. The amount shall be paid in equal monthly payments, in the same manner as
regular payroll payments to the retirement system.
(b) Notwithstanding any other provision of law to the contrary, the authority shall
remit to the Louisiana State Employees' Retirement System that portion of the unfunded
accrued liability existing on June 30, 2021, attributable to the authority. The amount due
shall be determined by the actuary employed by the retirement system and shall be amortized
over ten years. The amount shall be paid in equal monthly payments, in the same manner as
regular payroll payments to the retirement system.

Legislative History

Added by Acts 1979, No. 439, §1, eff. Aug. 1, 1979. Amended by Acts 1980, No. 269, §1; Acts 1984, No. 934, §1; Acts 1989, No. 767, §1; Acts 2003, No. 517, §1; Acts 2019, No. 264, §1, eff. June 30, 2019; Acts 2020, 2 nd Ex. Sess., No. 8, §1, eff. Oct. 22, 2020; Acts 2024, No. 402, §1, eff. May 28, 2024; Acts 2024, No. 474, §1; Acts 2025, No. 511, §1.