Louisiana HB 229: MUNICIPALITIES: Provides relative to the chief of police in the village of Dodson

Bill Text

HLS 21RS-154 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 229
BY REPRESENTATIVE MCFARLAND
MUNICIPALITIES: Provides relative to the chief of police in the village of Dodson
1 AN ACT
2 To enact R.S. 33:381(C)(35), relative to the village of Dodson; to provide for the filling of
3 the office of police chief by appointment; to provide for the time and method of
4 appointment and for the salary, term, duties, qualifications, supervision, and
5 residency of an appointed police chief; to provide for effectiveness; and to provide
6 for related matters.
7 Notice of intention to introduce this Act has been published
8 as provided by Article III, Section 13 of the Constitution of
9 Louisiana.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 33:381(C)(35) is hereby enacted to read as follows:
12 §381. Municipal officers
13 * * *
14 C.
15 * * *
16 (35) Notwithstanding any other provision of law to the contrary, the office
17 of police chief in the village of Dodson shall be an appointive and not an elective
18 office. The mayor, with the approval of the board of aldermen, shall appoint the
19 police chief. The board of aldermen, upon recommendation of the mayor, shall
20 establish the chief's salary and shall, by ordinance, establish the duties,
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 21RS-154 ORIGINAL
HB NO. 229
1 responsibilities, and qualifications of the office. The police chief's term of office
2 shall be concurrent with that of the appointing mayor. The mayor shall, in
3 accordance with such ordinances, supervise and direct the administration of the
4 office, and the chief shall report directly to the mayor. The police chief need not
5 reside within the municipal limits of Dodson.
6 * * *
7 Section 2. The first appointment pursuant to this Act shall not become effective
8 while there is an elected chief in the office.
9 Section 3. This Act shall become effective upon signature by the governor or, if not
10 signed by the governor, upon expiration of the time for bills to become law without signature
11 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12 vetoed by the governor and subsequently approved by the legislature, this Act shall become
13 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 229 Original 2021 Regular Session McFarland
Abstract: Provides for the appointment, rather than election, of the police chief of Dodson.
Present law (R.S. 33:381) provides that the officers of every municipality governed by the
provisions of the Lawrason Act (mayor-board of aldermen form of government) shall be a
mayor, aldermen, a chief of police, a tax collector, and a clerk. Generally provides for
election, at large, of the police chief. Provides for appointment of a police chief in certain
specified municipalities.
Present law (R.S. 33:381.1 and 381.2) alternately provides that the office of police chief
shall be filled by mayoral appointment with approval of the board of aldermen if a majority
of the municipal electors approve the change. Provides for an election on the question only
upon petition directed to the board of aldermen and signed by at least 25% of such electors.
However, in a municipality with a population of 5,000 or fewer, authorizes calling such an
election upon adoption of an ordinance by 2/3 vote of the governing authority.
Proposed law provides that the police chief in Dodson shall be appointed by the mayor with
the approval of the board of aldermen. Provides that the police chief's term shall be
concurrent with that of the mayor.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HLS 21RS-154 ORIGINAL
HB NO. 229
Proposed law provides that the board of aldermen, upon recommendation of the mayor, shall
establish the salary of the office and shall, by ordinance, establish the duties, responsibilities,
and qualifications of the office. Provides that the mayor, in accordance with such
ordinances, shall supervise and direct the administration of the office and that the chief shall
report directly to the mayor. Also provides that the chief need not reside within the
municipal limits of Dodson.
Provides for initial appointment upon expiration of the current term or other vacancy in the
office.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:381(C)(35))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.