Louisiana § RS 38:304 - Appointment of members; residency and education requirements; filling of vacancies

§ RS 38:304. Appointment of members; residency and education requirements; filling of vacancies

            A. Any person appointed as a levee commissioner or levee and drainage commissioner shall meet all of the following requirements:

            (1) Reside in this state for the preceding two years.

            (2) Reside in the levee district for the preceding year.

            (3) Is a qualified voter of one of the parishes included in the district.

            (4) Have or possess the equivalent of a high school diploma. The requirement contained in this Paragraph shall only have prospective application and shall only apply to new appointments. Further, such requirement shall not apply to reappointments of existing members.

            (5) Reside in the district while serving as a member of the board.

            B.(1) Notwithstanding any law to the contrary, every vacancy now or hereafter created whether by reason of death, resignation, expiration of term, or any other cause occurring in any levee district or levee and drainage district shall be filled by the governor from panels of names submitted as follows: each member of the House of Representatives representing a parish or part of a parish lying within a levee district or levee and drainage district shall submit one name for each vacancy to be filled from the parish, which he represents in the legislature within said levee district or levee and drainage district, and each member of the Senate shall submit one name for each vacancy to be filled from the parish or parishes, which he represents in the legislature within said levee district or levee and drainage district, except as provided in R.S. 38:291(P), (T), and (Z).

            (2) In making appointments the governor shall not appoint any person to the board of commissioners to represent a specific parish who was not recommended by one or more of the legislators who represent that specific parish in the legislature except as provided in R.S. 38:291(P), (T), and (Z). All members of the boards of commissioners of levee districts or levee and drainage districts shall be appointed by the governor to serve at the pleasure of the governor making the appointment.

            C. A majority of the commissioners of any levee board or levee and drainage board shall constitute a quorum to do business. The commissioners shall organize by electing one of their number president and another vice president, and they shall appoint a secretary and fix his salary. They shall designate the time and select the place for holding their regular sessions and may be convened at any time upon call of the president. In case of death or resignation of the president, the secretary shall call the board together to fill the vacancy. In case of absence, inability, or failure to act of the president, the vice president shall perform all the duties of the president. In case of neglect of duty by any commissioner or of his failure, without good cause, to attend three successive regular meetings, the governor, on request of the board, shall remove the commissioner and appoint his successor.

            D. This Section shall not apply to the Southeast Louisiana Flood Protection Authority-East and the Southeast Louisiana Flood Protection Authority-West Bank.

            Acts 1985, No. 785, §1, eff. July 22, 1985; Acts 1986, No. 807, §2, eff. July 10, 1986; Acts 1992, No. 838, §1, eff. July 8, 1992; Acts 1997, No. 761, §1; Acts 1997, No. 948, §1; Acts 2003, No. 179, §1; Acts 2003, No. 1169, §1; Acts 2006, 1^st Ex. Sess., No. 1, §1, eff. Jan. 1, 2007; Acts 2007, No. 259, §1, eff. July 1, 2007; Acts 2024, No. 484, §1.