Title 42, Public Officers and Employees
0 chapters · 457 sections in this title.
La. Rev. Stat. § 42:15 School board meetings; public comment
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§15. School board meetings; public comment A. Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter, except as provided in Subsection B of this Section, shall allow public comment at any meeting of the school board prior to tak…
La. Rev. Stat. § 42:1501 Performance planning and review sessions; certification; increases in compensation
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§1501. Performance planning and review sessions; certification; increases in compensation A. No state unclassified official or employee who is responsible for conducting performance planning and review sessions for a state classified employee shall receive an increase in his comp…
La. Rev. Stat. § 42:16 Executive Sessions
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§16. Executive Sessions A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:19, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed …
La. Rev. Stat. § 42:1601 Duty to report
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§1601. Duty to report A. The Department of State Civil Service shall collect data regarding the turnover of state employees within each agency, as defined in R.S. 39:2(2). The department shall prepare and submit reports compiling and analyzing such data to the Joint Legislative C…
La. Rev. Stat. § 42:161 Public officers to take constitutional oath
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§161. Public officers to take constitutional oath All public officers shall take and subscribe to the oath or affirmation required by Article X, Section 30 of the constitution before acting in their respective offices. Acts 2003, No. 320, §1.
La. Rev. Stat. § 42:162 Administration and recordation of oath or affirmation
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§162. Administration and recordation of oath or affirmation A. The oath or affirmation of all officers of the state may be administered by the governor, any judge, justice of the peace, notary public, or clerk of court. Except as otherwise provided in Subsection B of this Section…
La. Rev. Stat. § 42:163 Public officers; date salary commences
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§163. Public officers; date salary commences The salary of any officer in this state whose compensation depends upon or is to be computed by time of service shall commence from the date on which he took the oath of office, or, where the oath is taken in compliance with Section 14…
La. Rev. Stat. § 42:17 Exceptions to open meetings
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§17. Exceptions to open meetings A. A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons: (1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notifi…
La. Rev. Stat. § 42:17.1 Exception for meetings during a gubernatorially declared disaster or emergency
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§17.1. Exception for meetings during a gubernatorially declared disaster or emergency A. Notwithstanding any other provision of this Chapter to the contrary, a public body may conduct and its members may attend and participate in a meeting via electronic means provided: (1) The g…
La. Rev. Stat. § 42:17.2 Exception for certain meetings of certain public bodies
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§17.2. Exception for certain meetings of certain public bodies A. Notwithstanding any other provision of this Chapter to the contrary, a public body identified in Subsection H of this Section may conduct and its members may attend and participate in a meeting via electronic means…
La. Rev. Stat. § 42:17.2.1 Public body; member with a disability
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§17.2.1. Public body; member with a disability A. Notwithstanding any provision of this Chapter that requires a member of a public body to be physically present in order to be counted for a quorum and to participate and vote in a meeting, a member of a public body who has a disab…
La. Rev. Stat. § 42:17.3 Repealed by Acts 2023, No
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§17.3. Repealed by Acts 2023, No. 393, §2.
La. Rev. Stat. § 42:17.4 Exception for meetings of the Prescription Monitoring Program Advisory Council
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§17.4. Exception for meetings of the Prescription Monitoring Program Advisory Council A. Notwithstanding any other provision of law to the contrary, the Prescription Monitoring Program Advisory Council, as provided in R.S. 40:1005, may conduct and its members may attend and parti…
La. Rev. Stat. § 42:1701 State employment; consideration of criminal history; prohibited acts
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§1701. State employment; consideration of criminal history; prohibited acts A. No state employer, when filling a position, may inquire, including without limitation on an initial application form, about a prospective employee's criminal history until after the prospective employe…
La. Rev. Stat. § 42:1702 Political subdivision; consideration of arrest records; prohibited acts
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§1702. Political subdivision; consideration of arrest records; prohibited acts A. No political subdivision, when filling an employment position, may inquire on an initial application form about a prospective employee's arrest record. B. This prohibition does not preclude a politi…
La. Rev. Stat. § 42:18 Executive or closed meetings of legislative houses and committees
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§18. Executive or closed meetings of legislative houses and committees A. Notwithstanding any contrary provision of R.S. 42:16 and 17, executive or closed meetings may be held by the legislature, either house thereof, or any committee or subcommittee of either house, upon the aff…
La. Rev. Stat. § 42:181 Bond with surety residing in parish, or by surety company
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§181. Bond with surety residing in parish, or by surety company All public officers who are required by law to give bond, shall give bond secured by a personal surety residing within the parish where the officer exercises the functions of his office, or by a reputable and reliabl…
La. Rev. Stat. § 42:182 Officers to whom not applicable
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§182. Officers to whom not applicable The provisions of R.S. 42:181 shall not apply to the State Treasurer, the State Auditor, parish recorders and clerks of the district courts.
La. Rev. Stat. § 42:183 To whom bond payable
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§183. To whom bond payable The bonds of state officers shall be made payable to the governor, and those of the parish officers to the president of the police jury or other governing authority of the parish.
La. Rev. Stat. § 42:184 Acceptance of bonds
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§184. Acceptance of bonds The bonds of public officers shall be accepted by the parish recorder, the clerk of the district court, and the president of the police jury, or any two of them, in the absence of the third, within thirty days from the date of his commission, and before …
La. Rev. Stat. § 42:185 Acceptance of sureties to be unanimous; appeal
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§185. Acceptance of sureties to be unanimous; appeal The acceptance of the sureties offered upon the bond of any public officer must be unanimous. On the refusal to accept any surety, the district judge shall have the power, upon application made in vacation or in term time, to c…
La. Rev. Stat. § 42:186 Authentication and recordation of bonds
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§186. Authentication and recordation of bonds The bond of any public officer shall be authenticated by the attestations of two witnesses and the signature of the recorder; it shall also be recorded in a separate book kept for that purpose, and it shall also be registered in the m…
La. Rev. Stat. § 42:187 Bond operates as mortgage except when signed by surety company
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§187. Bond operates as mortgage except when signed by surety company The bonds, when duly registered, shall operate from and after the date of the registry as a mortgage upon all of the real estate of the principal obligor. This does not apply to bonds signed by surety companies …
La. Rev. Stat. § 42:188 Bond to remain on file; copy admissible in evidence
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§188. Bond to remain on file; copy admissible in evidence All bonds must remain on file in the office of the recorder of mortgages and a duly certified copy shall always be admissible in evidence.
La. Rev. Stat. § 42:189 Duty of recorder to transmit copies
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§189. Duty of recorder to transmit copies The recorder shall transmit to the secretary of state certified copies of all bonds of state officers taken by him, with a certificate of registry in the mortgage records, within three months after their execution. Whoever violates this S…
La. Rev. Stat. § 42:19 Notice of meetings
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§19. Notice of meetings A.(1)(a) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of their regular meetings, if established by law, resolution, or ordinance, at the beginning of each calendar year. Such notice shall …
La. Rev. Stat. § 42:19.1 Procedure for the proposal, increase, renewal, or continuation of a tax or for calling
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§19.1. Procedure for the proposal, increase, renewal, or continuation of a tax or for calling an election for such purposes by political subdivisions A.(1) Except as provided for in Paragraph (2) of this Subsection, in addition to any other requirements provided for in R.S. 42:19…
La. Rev. Stat. § 42:190 Release of surety for cause; new bond
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§190. Release of surety for cause; new bond Whenever a surety on any official bond has good cause to fear that the public officer will render him liable by reason of his misfeasance, malfeasance or neglect of official duties, the surety may, by rule upon the officer cause him to …
La. Rev. Stat. § 42:191 Effect of failure to give new bond
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§191. Effect of failure to give new bond When the public officer fails or refuses to give a new bond, with good and sufficient surety, within the time prescribed by the court, he shall be ipso facto deprived of his office.
La. Rev. Stat. § 42:192 Summary proceedings
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§192. Summary proceedings All suits brought by a surety under R.S. 42:190 shall be preference cases and shall be tried summarily without the intervention of a jury.
La. Rev. Stat. § 42:193 Suits to test sufficiency of surety; summary trial; appeal
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§193. Suits to test sufficiency of surety; summary trial; appeal The governor is authorized to direct the institution of suits by the Attorney General or district attorney to test the sufficiency and solvency of the sureties on the bond of any public officer, even after approval …
La. Rev. Stat. § 42:194 New bond
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§194. New bond Within ten days after the rendition of final judgment setting aside any bond on account of its insufficiency, or the insolvency of the sureties, the party whose bond has been declared unsatisfactory shall furnish a new bond, approved by the judge who rendered the o…
La. Rev. Stat. § 42:195 Change in salary or compensation not to discharge bonds
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§195. Change in salary or compensation not to discharge bonds The principal and the sureties on official bonds shall not be released or discharged by reason of any change in salaries, fees, commissions or perquisites of office, during the time for which the bond has been given.
La. Rev. Stat. § 42:196 Sale of land of principal and sureties upon execution
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§196. Sale of land of principal and sureties upon execution Whenever an execution issues against a defaulting officer, the officer to whom the execution is directed, may seize and sell any lands which belonged to the principal obligor at the date of the registry of his official b…
La. Rev. Stat. § 42:197 Amount of liability may be stipulated
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§197. Amount of liability may be stipulated The sureties on all bonds given by all public officers may stipulate the amount for which they will severally become liable. This Section does not apply to sureties on the bonds of the State Treasurer and the State Auditor.
La. Rev. Stat. § 42:198 Special mortgage may be substituted for bond; appraisal
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§198. Special mortgage may be substituted for bond; appraisal All public officers commissioned by the governor, who are required to give bond, may give a special mortgage on property situated within the parish in which they respectively exercise their functions. The mortgage shal…
La. Rev. Stat. § 42:199 Release of sureties by special mortgage
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§199. Release of sureties by special mortgage All public officers who have personal sureties on their official bonds may at any time release them by giving a special mortgage, as provided in R.S. 42:198.
La. Rev. Stat. § 42:2 Public officer to hold office until successor inducted
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§2. Public officer to hold office until successor inducted Every public officer in this state except in case of impeachment or suspension shall continue to discharge the duties of his office until his successor is inducted into office. Amended by Acts 1975, No. 103, §1; Acts 2008…
La. Rev. Stat. § 42:2.1 Boards, commissions, councils, authorities, entities; composition
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§2.1. Boards, commissions, councils, authorities, entities; composition A. In making appointments to any board, commission, council, authority, or other similar entity that has statewide jurisdiction and is established by law, rule, executive order, or otherwise, the appointing a…
La. Rev. Stat. § 42:2.2 Boards, commissions, councils, authorities, and entities; immediate family members
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§2.2. Boards, commissions, councils, authorities, and entities; immediate family members A. No appointing authority shall appoint to any board, commission, council, authority, or similar entity a person who is a member of the immediate family of a person who serves on the board, …
La. Rev. Stat. § 42:20 Written minutes
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§20. Written minutes A. All public bodies shall keep written minutes of all of their open meetings. The minutes to be kept by the legislature and legislative committees and subcommittees shall be governed by the provisions of R.S. 42:21. The minutes of all other public bodies sha…
La. Rev. Stat. § 42:200 Effect of special mortgage
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§200. Effect of special mortgage The effect of the special mortgage authorized by R.S. 42:198 is to free and release the surplus of the property of the person giving it from all mortgages resulting from his official bond.
La. Rev. Stat. § 42:201 Special mortgage may be transferred to other property
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§201. Special mortgage may be transferred to other property All public officers who are required to give bond and have availed themselves of the privilege to give a special mortgage, are authorized to have this mortgage transferred to other property, by applying to the governor i…
La. Rev. Stat. § 42:202 Mode of transfer
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§202. Mode of transfer The application for the transfer of a special mortgage to other property must be made by petition to the governor, who shall appoint two competent persons to evaluate the property offered as a substitute; and if a sworn appraisement of the property shows th…
La. Rev. Stat. § 42:203 Annulment of bonds and mortgages after expiration of office, etc
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§203. Annulment of bonds and mortgages after expiration of office, etc. All bonds with security and all mortgages which have been furnished by any public officer who has resigned or died, or whose office has expired by limitation, or who has been dismissed from office, shall be a…
La. Rev. Stat. § 42:204 §§204, 205 Repealed by Acts 1964, No
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§204. §§204, 205 Repealed by Acts 1964, No. 233, §2
La. Rev. Stat. § 42:206 Premium on bonds, how paid
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§206. Premium on bonds, how paid All state boards or commissions, or institutions whose employees are required to give a bond in favor of the state shall pay the premium on the bond.
La. Rev. Stat. § 42:21 Minutes of legislative sessions, legislative committees and subcommittees
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§21. Minutes of legislative sessions, legislative committees and subcommittees A. The journals of the proceedings of each of the houses of the legislature, as required to be kept by the provisions of Article III, Section 10(B) of the Louisiana Constitution, shall constitute the w…
La. Rev. Stat. § 42:22 Presentation and consideration of offer to sell natural gas to a public body, or to operate or acquire ownership of, a gas utility owned or operated by a public body
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§22. Presentation and consideration of offer to sell natural gas to a public body, or to operate or acquire ownership of, a gas utility owned or operated by a public body A. For the purposes of this Section, "gas utility" means any revenue producing business or organization which…
La. Rev. Stat. § 42:23 Audio and video recordings; live broadcast
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§23. Audio and video recordings; live broadcast A. All of the proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live. B.(1) Each nonelected board or commission that has the authority to levy a tax shall video or audio record, film, or broadcast l…