Louisiana Revised Statutes 48:1805 – Commission; appointment, term, and related matters
Terms Used In Louisiana Revised Statutes 48:1805
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- 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.
- Quorum: The number of legislators that must be present to do business.
A. The commission shall be composed of one voting member from each of the eight parishes comprising the district, and of the mayors of all municipalities located in the district, who shall serve as nonvoting members. The voting commission member from each parish shall be appointed by the parish president, except in a parish where there is no parish president, in which case he shall be appointed by the president of the police jury; however, each such appointment shall be subject to the approval of the parish governing body. Persons appointed to membership on the commission shall be qualified voters and shall not be members of the parish governing body. All voting and nonvoting members of the commission shall be given notice of all meetings by the secretary of the commission.
B.(1) The initial term of members appointed from the parishes of Avoyelles, Pointe Coupee, St. Helena, and Washington shall be one year. The initial term of members appointed from the parishes of East Feliciana, Rapides, Tangipahoa, and West Feliciana shall be two years. All terms after the initial terms shall be for a period of two years. The initial term of each member shall commence on the effective date of that member’s appointment. All terms shall end on the thirty-first day of August. All terms other than the initial terms shall commence on the first day of September.
(2) Members of the commission shall not serve more than twelve consecutive years beginning with appointments made on or after January 1, 2011.
C. A voting member of the commission may be removed by the appointing authority for just cause. In case of abandonment of his office, conviction of a felony, or a plea of nolo contendere thereto, the office of a voting member shall become vacant upon the declaration of a majority of the other voting members of the commission. A voting member shall be deemed to have abandoned his office upon failure to attend any three consecutive meetings of the commission, unless the member’s absence was excused by the commission in response to the member’s request, or unless the member was represented by the alternate member who resides in the same parish as the member.
D. Commission members shall not receive per diem and shall not be reimbursed for expenses incurred in connection with attending meetings of the commission. The commission may authorize reimbursement of expenses incurred by a commission member in the performance of a task specifically assigned to such member by the commission.
E. The commission shall elect from its members a chairman and a vice chairman for terms to expire on the thirty-first day of August of each year. The chairman may vote to create a tie vote or to break a tie vote, but the chairman shall not otherwise be entitled to vote. The commission shall elect for the same term a secretary, who may be, but who is not required to be, a member of the commission.
F. The commission shall hold at least one regular meeting during each calendar quarter. Special meetings may be called by the chairman. The secretary of the commission shall call a special meeting of the commission when requested in writing to do so by four or more members of the commission. In such event, the members requesting the special meeting shall furnish the secretary of the commission with the agenda for the meeting, which agenda shall be included in the notice of the meeting.
G. The parish officer empowered to appoint members to the commission shall appoint an alternate member at the same time as the appointment of the member is made. The appointment of the alternate member shall also be subject to the approval of the parish governing body. If a member is unable to attend a meeting, that member may be represented by the alternate member from that parish.
H. A quorum shall consist of five members. A majority of the members present at a meeting may exercise all the powers of the commission if a quorum is present at the commencement of the meeting.
I. In the event a commission member’s position on the commission should become vacant by reason of death, resignation, or otherwise, the alternate member for that parish shall serve for the unexpired portion of the term. Any vacancy in the position of an alternate commission member shall be filled by the appointing authority for the parish represented by the alternate commission member.
J. The secretary of the Louisiana Department of Transportation and Development or his designee shall serve as an advisor to the commission. The directors of the Zachary Taylor Parkway Association, a nonprofit corporation, shall also serve as advisors to the commission. Notice of all meetings of the commission shall be given to the secretary of the Department of Transportation and Development and to the president of the association.
Acts 1992, No. 288, §1; Acts 1993, No. 230, §1; Acts 2008, No. 885, §§1, 2; Acts 2010, No. 207, §1, eff. Jan. 1, 2011; Acts 2016, No. 71, §2, eff. May 10, 2016.