Title 42, Public Officers and Employees
0 chapters · 457 sections in this title.
La. Rev. Stat. § 42:24 Voidability
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§24. Voidability Any action taken in violation of this Chapter shall be voidable by a court of competent jurisdiction. A suit to void any action must be commenced within sixty days of the action. Added by Acts 1972, No. 669, §2. Amended by Acts 1976, No. 665, §1; Acts 1979, No. 6…
La. Rev. Stat. § 42:25 Enforcement
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§25. Enforcement A. The attorney general shall enforce the provisions of this Chapter throughout the state. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons ar…
La. Rev. Stat. § 42:26 Remedies; jurisdiction; authority; attorney fees
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§26. Remedies; jurisdiction; authority; attorney fees A. In any enforcement proceeding the plaintiff may seek and the court may grant any or all of the following forms of relief: (1) A writ of mandamus. (2) Injunctive relief. (3) Declaratory judgment. (4) Judgment rendering the a…
La. Rev. Stat. § 42:261 District attorneys; counsel for boards and commissions
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§261. District attorneys; counsel for boards and commissions A. Except as provided by Subsection C of this Section or as otherwise provided by law, the district attorneys of the several judicial districts other than the parish of Orleans shall, ex officio and without extra compen…
La. Rev. Stat. § 42:261.1 Certain parish and city school boards; employment of general attorney
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§261.1. Certain parish and city school boards; employment of general attorney Each parish and city school board in the state may select, employ, fix the salary of and pay its own general attorney, in which case the district attorney shall be relieved of responsibility to serve as…
La. Rev. Stat. § 42:261.2 Repealed by Acts 1983, No
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§261.2. Repealed by Acts 1983, No. 475, §3.
La. Rev. Stat. § 42:261.3 Execution of personal judgments against public officials
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§261.3. Execution of personal judgments against public officials Personal judgments for sums of money rendered against present or former public officers or employees of the state or their estates for acts or omissions in the course of public employment shall not become executory …
La. Rev. Stat. § 42:262 Special attorney or counsel
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§262. Special attorney or counsel A. In the event that the attorney general, or any state agency, board or commission, not including any public postsecondary education institution, is represented by a special attorney or counsel, the special attorney or counsel shall not be compe…
La. Rev. Stat. § 42:263 Resolution requesting special counsel
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§263. Resolution requesting special counsel A. No parish governing authority, levee board except as provided in Subsection B hereof, parish school board, city school board, or other local or state board shall retain or employ any special attorney or counsel to represent it in any…
La. Rev. Stat. § 42:264 Penalties
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§264. Penalties Any attorney who knowingly accepts employment and compensation from a parish governing authority, parish school board, levee board, city school board, other local board, or state board or commission, not previously approved by the attorney general, must immediatel…
La. Rev. Stat. § 42:265 Special services by attorney general
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§265. Special services by attorney general The governor may, in his discretion, require and direct the attorney general to render any special services to any police jury or other parish governing authority, parish school board, or state board or commission, in any matter and when…
La. Rev. Stat. § 42:266 Mailing of notices, documents or communications: registration or certification optional
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§266. Mailing of notices, documents or communications: registration or certification optional Whenever any officer or official of the state of Louisiana is required under any law of the state of Louisiana to mail any notice, document, communication, or any matter of any nature wh…
La. Rev. Stat. § 42:267 Naming public buildings, etc., in honor of a living person prohibited; penalty
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§267. Naming public buildings, etc., in honor of a living person prohibited; penalty A. Except as authorized or provided by law, no public building, public bridge, public park, public fish or game preserve, or public wildlife refuge owned by the state or by any political subdivi…
La. Rev. Stat. § 42:27 Venue; summary proceedings
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§27. Venue; summary proceedings A. Enforcement proceedings shall be instituted in the district court for the parish in which the meeting took place or will take place. B. Enforcement proceedings shall be tried by preference and in a summary manner. Any appellate court to which th…
La. Rev. Stat. § 42:28 Civil penalties
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§28. Civil penalties Any member of a public body who knowingly and wilfully participates in a meeting conducted in violation of this Chapter shall be subject to a civil penalty not to exceed five hundred dollars per violation. The member shall be personally liable for the payment…
La. Rev. Stat. § 42:281 Officers to render account of contingent fund
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§281. Officers to render account of contingent fund Every officer for the benefit of whose office there is a contingent fund appropriated shall render a detailed statement to the legislature at each regular session, showing what disposition has been made of the fund.
La. Rev. Stat. § 42:282 Record of monies received; penalty for violation
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§282. Record of monies received; penalty for violation All public officers except notaries public, shall keep a full and complete record of all monies received by them for account of the state or its subdivisions or as fees for services rendered. Whoever violates the provisions o…
La. Rev. Stat. § 42:282.1 Disbursement of funds by state agency, board or commission; information to be provided to legislators; penalty for violation
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§282.1. Disbursement of funds by state agency, board or commission; information to be provided to legislators; penalty for violation Any other law to the contrary notwithstanding, any official, the head of any board, any commission or any agency of the State of Louisiana charged …
La. Rev. Stat. § 42:283 Expenditures to be reported to police juries and clerks of court
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§283. Expenditures to be reported to police juries and clerks of court All parish sheriffs, clerks of court, assessors, coroners, registrars of voters, boards of health, boards of equalization, and all district levee boards, boards of commissioners of drainage districts for the s…
La. Rev. Stat. § 42:284 Reports, classification, and itemization
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§284. Reports, classification, and itemization A. The reports provided for in R.S. 42:283 shall be classified under the following headings: (1) Salaries of officials. (2) Salaries of deputies. (3) Salaries of other employees. (4) Office supplies and furnishings. (5) Other expendi…
La. Rev. Stat. § 42:285 Names of deputies, employees, etc., and compensation to be reported
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§285. Names of deputies, employees, etc., and compensation to be reported The first report of each year, made under the provisions of R.S. 42:283 and 42:284 shall include the names of all deputies, employees and officers of the respective offices, boards and commissions, for the …
La. Rev. Stat. § 42:286 Time of making report
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§286. Time of making report The annual reports required by R.S. 42:283 shall be made within thirty days after the close of the fiscal year employed by the respective offices, boards or commissions, and shall be filed and kept by the secretaries of the respective police juries and…
La. Rev. Stat. § 42:287 Publication of reports
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§287. Publication of reports Any parish governing authority may, in its own discretion, publish any of the reports which it receives as a result of R.S. 42:283.
La. Rev. Stat. § 42:288 Penalties
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§288. Penalties Whoever violates any of the provisions of R.S. 42:283 through R.S. 42:287 shall be fined one thousand dollars or imprisoned for six months or both.
La. Rev. Stat. § 42:289 Definitions
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§289. Definitions The following definitions shall be used in connection with the provisions of R.S. 42:289 through R.S. 42:291: A. "Appointing authority" means an agency, department, officer, board, or commission of the executive branch and the officers and employees thereof auth…
La. Rev. Stat. § 42:29 Repealed by Acts 2023, No
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§29. Repealed by Acts 2023, No. 393, §2.
La. Rev. Stat. § 42:290 Filing of information on employees; exceptions; penalties
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§290. Filing of information on employees; exceptions; penalties A. The appointing authority of each agency, board, commission, department, or other entity in the executive branch of state government shall file with the Department of State Civil Service the name, address, position…
La. Rev. Stat. § 42:291 Compilation of reported information; reports
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§291. Compilation of reported information; reports A. The Department of State Civil Service shall collect and maintain in accordance with law the information reported pursuant to R.S. 42:289 and R.S. 42:290. Said department shall publish quarterly, or at lesser intervals as deeme…
La. Rev. Stat. § 42:3 Limitation of terms of employees or officials elected by boards; exceptions
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§3. Limitation of terms of employees or officials elected by boards; exceptions The term of office of all employees or officials elected by any state, district, parochial or municipal board shall not be for a longer period of time than the term of office of the membership of the …
La. Rev. Stat. § 42:3.1 Legislative members of boards and commissions; per diem
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§3.1. Legislative members of boards and commissions; per diem Each legislative member of a board or commission shall receive a per diem equal to the per diem provided by law for members of the legislature. Added by Acts 1981, No. 221, §1.
La. Rev. Stat. § 42:3.2 Repealed by Acts 2016, No
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§3.2. Repealed by Acts 2016, No. 71, §3, eff. May 10, 2016.
La. Rev. Stat. § 42:301 Default in settlement of arrears; suspension from office
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§301. Default in settlement of arrears; suspension from office Whenever the State Auditor, or the governing authority of any parish, notifies the governor, that any public officer charged with the collection or custody of public funds, is in arrears, the governor shall make immed…
La. Rev. Stat. § 42:302 Temporary appointment during suspension
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§302. Temporary appointment during suspension Whenever the governor suspends any officer under R.S. 42:301, he shall immediately appoint some person having the legal qualifications to perform the functions of the office during the suspension. The person so appointed shall take th…
La. Rev. Stat. § 42:303 Power of governor to remove for cause is not modified
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§303. Power of governor to remove for cause is not modified The provisions of R.S. 42:301 and 42:302 shall not be construed as modifying, limiting, or restraining the power of the governor, under existing laws to remove for cause any tax collector appointed by him, or as in any w…
La. Rev. Stat. § 42:304 Report of defaulters by State Auditor to legislature
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§304. Report of defaulters by State Auditor to legislature The State Auditor shall, on the first day of the session of each legislature, enclose to the president of the senate and speaker of the house, a list of all persons who are defaulters to the state on account of any public…
La. Rev. Stat. § 42:305 Annual report of defaulters; penalty
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§305. Annual report of defaulters; penalty The State Auditor, the president of parish governing authorities, and the mayors of municipal corporations shall report annually to the governor, on or before the tenth day of November of each year, all persons who may be defaulters to t…
La. Rev. Stat. § 42:306 Annual publication of list of defaulters
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§306. Annual publication of list of defaulters The State Auditor shall on the fifteenth day of December, annually, publish in the official journal of the state, for thirty days, the names of all persons who became defaulters to the state during the year, together with the amount …
La. Rev. Stat. § 42:307 Governor to publish annually list of defaulters reported to him
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§307. Governor to publish annually list of defaulters reported to him The governor shall report to the legislature and cause to be published annually, in the official journal of the state, a list of all persons who appear to be defaulters by the reports on file in his office.
La. Rev. Stat. § 42:31 Eligibility requirements for certain unclassified employees
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§31. Eligibility requirements for certain unclassified employees A. Notwithstanding any other law to the contrary, any person hired or employed in an unclassified position as defined by the State Civil Service Commission, and whose annual salary or rate of compensation is equal t…
La. Rev. Stat. § 42:32 Enemy aliens not to be employed; penalty
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§32. Enemy aliens not to be employed; penalty The state, its agencies and subdivisions, as well as municipalities and parishes, shall not employ knowingly any enemy alien. For the purpose of this section an enemy alien is defined as any person who is a national of a country with …
La. Rev. Stat. § 42:321 Outgoing officer to deliver records to successor
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§321. Outgoing officer to deliver records to successor Every public officer shall, upon resignation, removal, or upon the expiration of his term, deliver all the books, records, documents and writings appertaining to his office, without delay to his successor or to a person duly …
La. Rev. Stat. § 42:322 Penalty for failure to deliver records; application
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§322. Penalty for failure to deliver records; application Every public officer who withholds or detains from his successor, or other person entitled by law thereto, any of the books, records, documents, or writings appertaining to his office, or who mutilates, destroys, or takes …
La. Rev. Stat. § 42:33 State civil service positions; Selective Service System registration required
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§33. State civil service positions; Selective Service System registration required A. Except as provided in Subsections B and C of this Section, no person who is required to register for the federal draft under Section 3 of the Military Selective Service Act (50 U.S.C. App. 453) …
La. Rev. Stat. § 42:331 Authority of first assistants
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§331. Authority of first assistants A first assistant to a statewide elected official, under the direction of the official, shall have authority to perform all the acts and duties of the office. Added by Acts 1975, No. 456, §1.
La. Rev. Stat. § 42:34 Defaulters not to hold office
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§34. Defaulters not to hold office Any person who at any time has been a collector of state, parish or municipal taxes or otherwise entrusted with public money, is ineligible to be a member of the Legislature, or to hold any office of profit or trust under the state government un…
La. Rev. Stat. § 42:341 Definitions
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§341. Definitions Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings: (1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of …
La. Rev. Stat. § 42:342 Mandatory policy prohibiting sexual harassment
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§342. Mandatory policy prohibiting sexual harassment A. Each agency head shall develop and institute a policy to prevent sexual harassment which is applicable to all public servants in the agency. B. At a minimum, the policy shall contain all of the following: (1) A clear stateme…
La. Rev. Stat. § 42:343 Preventing sexual harassment; mandatory training requirements
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§343. Preventing sexual harassment; mandatory training requirements A.(1) Each public servant shall receive a minimum of one hour of education and training on preventing sexual harassment during each full calendar year of his public employment or term of office, as the case may b…
La. Rev. Stat. § 42:344 Mandatory reports
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§344. Mandatory reports A. Each agency head shall compile an annual report by February first of each year containing information from the previous calendar year regarding his agency's compliance with the requirements of this Chapter including the number and percentage of public s…
La. Rev. Stat. § 42:345 Department of State Civil Service; assistance
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§345. Department of State Civil Service; assistance A. The Department of State Civil Service shall develop and make available education and training material at no cost to assist state agency heads and state employees in complying with the requirements of this Chapter. B. As requ…