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2006-2007 Louisiana Attorney General Reports and Opinions 1 (2006-2007)

handle is hein.sag/sagla0006 and id is 1 raw text is: December 15, 2006 Opinion Number 06-0003 71 Municipalities 77 Officers Chief Phillip Lucas Town of Mansura La. R.S. 33:404 1832 Le'Glise Street There is no statutory mandate that requires a P. 0. Box 157 municipality to provide a building owned by the Mansura, 7A 71350 municipality to the town's police department. Dear Chief Lucas: This office is in receipt of your opinion inquiry regarding whether the Town Council or Mayor of Mansura can deny your request to relocate the Mansura Police Department to another building located in the Town of Mansura. It is noted that the Town of Mansura is a Lawrason Act town and you are the town's elected Chief of Police. You have informed us that the current building in which the police department is operating is in need of repairs due to hurricane damage, and you would like to relocate the police department to a vacant building owned by the Town of Mansura. For the answer to your request, we turn to La. R.S. 33:404 and past Attorney General Opinions relating to similar issues concerning supervisory authority of a Mayor over an elected Chief of Police. In La. Atty. Gen. Op. No. 02-39, this office cited La. R.S. 33:404 which states, (T)he Mayor in a Lawrason Act community shall supervise and direct the administration and operation of all municipal departments, offices, and agencies, other than a police department with an elected chief of police. In concurrence with this statute and the case of Coqswell v. Town of Loqansport, 321 So.2d 774 (La. App 1975), this office has repeatedly observed that the chief of police has inherent power or authority to supervise and direct the administration and day to day operations of the police department and assign personnel and equipment, and the mayor may not revoke the inherent powers of an elected chief of police. However, in La. Atty. Gen. Op. No. 94-536, we stated, (A) municipality should provide sufficient office space for the efficient operation of the police department, but find no statutory mandate that such space must be provided. Therefore, it is the opinion of this office that the Town Council and the Mayor of Mansura can deny your request to move into the vacant building. This opinion is

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