Louisiana Revised Statutes 48:1655 – Board of commissioners; membership; terms
Terms Used In Louisiana Revised Statutes 48:1655
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
- Quorum: The number of legislators that must be present to do business.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
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, 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) In the event 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.
(2) Each member appointed by the chief executive officer of a parish shall be domiciled within that parish.
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 said parish shall assume its pro rata share of the then current expenses of the authority, as determined by the authority. By virtue of their participation in the authority, whether initially or subsequently by board approval, all participating parishes concur fully and accept without reservation, the exclusive rights and power of the authority as stated herein, and further agree and obligate themselves to remain in the authority until all outstanding obligations of the authority are liquidated or until the authority is abolished, whichever occurs first.
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 one meeting each month. The secretary of the board shall give written notice and agenda to each member of the board at least five days prior to any meeting. The secretary shall be informed of any meeting so as to provide for his giving notice as above.
(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. 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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 48:1656(19).
(5) The award of any contract for the management of any authority-owned property or facility, as contemplated in La. Rev. Stat. 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 La. Const. Art. X, § 1(A) . 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.
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, 2nd Ex. Sess., No. 8, §1, eff. Oct. 22, 2020.