La. Stat. tit. 38 § 1794

Current with changes from the 2024 Legislative Session

Section 38:1794 - Meetings of commissioners; powers; salaries and expenses

A. The provisions of this Subsection pertain to commissioners of gravity drainage districts in Calcasieu Parish, Louisiana, notwithstanding any provisions of other Subsections in this Section to the contrary. The words "commissioner", "commissioners", or "board of commissioners" used in this Subsection mean and refer to commissioners of drainage districts in Calcasieu Parish, Louisiana.

(1) Commissioners of drainage districts in Calcasieu Parish appointed hereunder shall hold at least one meeting in every year. Commissioners shall meet at stated times that they shall fix and determine by resolution. Special meetings may be called by any commissioner or by the secretary of the board. All expenses of administration, salaries of officers, and other expenses shall be paid out of any funds in the hands of the treasurer belonging to the district after the items, bills, salaries, or expenses have been approved at a meeting of the board of commissioners.

(2)

(a) Members of the board of commissioners are authorized to receive compensation not to exceed one hundred fifty dollars per day as may be determined by the board of commissioners for every day a commission member is actually employed in the service of the district and may be reimbursed any expenses incurred in performing the duties imposed upon him by virtue of his appointment.

(b) Any commissioner who is prevented from attending a regular or special meeting of the board by virtue of the fact that he is required to be out of the district on business of the district during the time of such meeting is entitled to be counted as present at such meeting for the purpose of computing per diem hereunder, provided that when any commissioner is required to conduct business of the district in or out of the district equal to or in excess of the time normally or customarily consumed in a regular or special meeting of the board of commissioners shall be entitled to compensation at the same rate as hereinabove provided in the case of a regular or special meeting.

(c) No member of the board of commissioners of the Consolidated Gravity Drainage District No. 1 and the Consolidated Gravity Drainage District No. 2 of Calcasieu Parish shall be paid per diem for more than forty-eight days in any one year. However, one elected officer designated by the board of commissioners may receive a per diem for not more than twelve additional days for each day spent performing administrative duties if such additional compensation is approved by a two-thirds vote of the entire board at a meeting of the board.

(1) Commissioners of drainage districts appointed hereunder shall hold at least one meeting in every year. They shall meet at stated times which they shall fix and determine by resolution. Special meetings may be called by any commissioner or by the secretary of the board. All expenses of administration, salaries of officers, etc., shall be paid out of any funds in the hands of the treasurer belonging to the district after the items, bills, salaries, or expenses shall have been approved at a meeting of the board of commissioners.

(2)

(a) Members of the board of commissioners are authorized to receive compensation of not more than one hundred fifty dollars per day as determined by the board for each day such member shall be in actual attendance upon the regular or special meeting of the board, not to exceed thirty-six days in one year, and may be reimbursed any expenses actually incurred in performing the duties imposed upon him by virtue of his appointment. Any increase in compensation or increase or reimbursement of any kind to members of the board of commissioners must be approved by a two-thirds vote of the members of the board after public hearing, which has been advertised in the official journal of the drainage district on at least two separate occasions within a period of fifteen days preceding the meeting at which the vote is taken.

(b) One member, designated by the board, may receive the per diem for each day spent at a board meeting or otherwise performing duties on behalf of the board in furtherance of the purposes of the district, subject to approval of two-thirds vote of the entire board at a meeting of the board. The annual limit on days of per diem shall not apply to this member.

(3) Notwithstanding any other provision of law to the contrary, the provisions of this Paragraph shall apply to the board of commissioners of Consolidated Gravity Drainage District No. 1 of Tangipahoa Parish:

(a) The board of commissioners of the district shall, by resolution, fix a time and place for the holding of its regular meeting and shall hold at least two regular meetings in every month. Special meetings may be held at such times and places as specified by call of any commissioner or the secretary of the board.

(b)

(i) Members of the board of commissioners of the district may receive compensation of not more than five hundred dollars per month, as determined by the board of commissioners, for performing the duties imposed upon a member by virtue of his appointment.

(ii) The board of commissioners may reimburse any member for expenses actually incurred in the attendance of meetings or in the performance of duties on behalf of the district which occur outside of the district.

(iii) Any increase in compensation or reimbursement for expenses of any kind to members of the board of commissioners shall be approved by two-thirds vote of the membership of the board of commissioners after holding a public hearing on such matter. The public hearing shall be advertised in the official journal of the district on at least two separate occasions within a period of fifteen days preceding the meeting at which the public hearing is held and the vote is taken.

(c) Except as provided in Item (b)(iii) of this Paragraph, all expenses of administration, salaries of officers, and other expenses shall be paid by the treasurer out of the funds of the district after any such expense has been approved at a meeting of the board of commissioners.

(d) The provisions of Subparagraph (2)(b) of this Subsection shall not apply to the board of commissioners of the district.

C. The board of commissioners of the drainage district shall have absolute control over the drainage of the districts or any sub-districts within its limits and may construct all necessary works and make all necessary drains, ditches, and canals for the purpose of gravity drainage thereof. The board of commissioners may adopt all needful regulations necessary to maintain free and unobstructed the flow of water through the gravity canals, ditches, and drains. The board of commissioners may require that where any fence traverses any drainage canal constructed, dredged, controlled, or maintained by the drainage district there shall be provided a flood gate at the point where the fence crosses the drain, ditch, or canal so constructed as to rise and fall with the pressure of the water and permit the free flow of the water through it. The flood gates shall, as to existing fences, be constructed by the owner of the fence within forty-five days from date of service of written notice sent to him by the board of commissioners of the drainage district. Upon the refusal or failure of the fence owner to construct the flood gates the board of commissioners of the drainage district may construct the flood gate at the expense of the owner of the fence and collect for the cost of the flood gate by suit before any court of competent jurisdiction.

D. Said board of commissioners of the drainage district may pass all needful regulations necessary to keep the beds and the banks of all canals, drains and ditches under their supervision and control free from underbrush, trees, and weeds so as to properly maintain the drainage through these canals, drains, and ditches.

E. Police juries of the various parishes may include within a drainage district or subdrainage district lands and territory situated in an incorporated town or municipal corporation, although the charter of the municipal corporation may exempt the land from the authority of the police jury for parish purposes. Nothing herein contained shall curtail or limit the authority or power of the municipality to carry on drainage works within the municipality in any manner or under any rules or resolutions which the governing body of the municipality shall deem expedient.

(1) The provisions of this Subsection pertain to commissioners of the Bayou Plaquemine-Wycoff Gravity Drainage District in Acadia Parish, the First Ward Drainage District in Acadia Parish, the Second Ward Gravity Drainage District No. 1 in Acadia Parish, the Second Ward Gravity Drainage District No. 2 in Acadia Parish, and the Bayou Mallet Gravity Drainage District in Acadia and St. Landry parishes, notwithstanding any provisions of other Subsections in this Section to the contrary.

(2) The words "commissioner", "commissioners", or "board of commissioners" used in this Subsection shall mean and refer to commissioners of Bayou Plaquemine-Wycoff Gravity Drainage District in Acadia Parish, the First Ward Drainage District in Acadia Parish, the Second Ward Gravity Drainage District No. 1 in Acadia Parish, the Second Ward Gravity Drainage District No. 2 in Acadia Parish, and the Bayou Mallet Gravity Drainage District in Acadia and St. Landry parishes.

(3) Members of the board of commissioners may receive compensation not to exceed one hundred dollars per day as may be determined by the board of commissioners for every day a commission member is actually employed in the services of the district and may be reimbursed any expenses incurred in performing the duties imposed upon him by virtue of his appointment. Any commissioner who is prevented from attending a regular or special meeting of the board by virtue of the fact that he is required to be out of the district on business of the district during the time of such meeting is entitled to be counted as present at such meeting for the purpose of computing per diem hereunder; provided that when any commissioner is required to conduct business of the district in or out of the district equal to or in excess of the time normally or customarily consumed in a regular or special meeting of the board of commissioners, he shall be entitled to compensation at the same rate as hereinabove provided in the case of a regular or special meeting. Each member of the board of commissioners shall not be paid per diem for more than thirty-six days in any one year.

G. Notwithstanding any other provisions of this Section, or any other law to the contrary, the per diem allowance for commissioners of the Iberville Parish Gravity Drainage District Number One shall be one hundred dollars.

La. R.S. § 38:1794

Amended by Acts 1956, No. 347, §1; Acts 1970, No. 79, §1; Acts 1977, No. 189, §1; Acts 1979, No. 679, §1; Acts 1980, No. 185, §1; Acts 1980, No. 468, §§1, 2; Acts 1982, No. 614, §2; Acts 1984, No. 33, §1; Acts 2001, No. 356, §1; Acts 2004, No. 863, §1, eff. July 12, 2004; Acts 2010, No. 475, §1, eff. July 1, 2010; Acts 2018, No. 340, §1; Acts 2020, No. 262, §1.

Amended by Acts 2020, No. 262,s. 1, eff. 8/1/2020.

Amended by Acts 2018, No. 340,s. 1, eff. 8/1/2018.