RÉSUMÉ DIGEST
ACT 372 (HB 533) 2023 Regular Session Mike Johnson
Existing law provides relative to the board of commissioners for the Red River, Atchafalaya,
and Bayou Boeuf Levee District and prior law provided for the governor to appoint a three-
member board of commissioners consisting of one member from each parish embraced by
the district.
New law modifies existing law by requiring, effective Aug. 1, 2024, the governor appoint,
subject to Senate confirmation, a five-member board of commissioners as follows:
(1)Two members nominated by the members of the legislative delegation representing
Rapides Parish.
(2)One member nominated by the members of the legislative delegation representing
Avoyelles Parish.
(3)One member nominated by the members of the legislative delegation representing St.
Landry Parish.
(4)One at-large member, from Rapides Parish, nominated by the La. Farm Bureau
Federation.
New law further requires that at least one member from the Rapides parish be a minority.
New law requires that each board member be a U.S. citizen, a resident within the district of
the parish for at least one year prior to confirmation, and remain a resident for the duration
of their term of office. Further requires each board member be of good character and possess
experience that will be useful to the board.
New law specifies that any vacancy on the board that occurs prior to the end of a term must
be filled for the remainder of the unexpired term in the same manner as the predecessor
appointee was selected within 30 days after the president received notice of the vacancy.
Specifies that the board must appoint an interim successor until the position is lawfully filled
if the vacancy is not filled within the required 30 day period.
New law requires approval of board actions by an affirmative vote of a majority of the
members of that board present and voting. However, new law requires the following actions
be approved by a majority of the total board membership:
(1)Adoption of bylaws and other rules and regulations for conduct of the levee district's
business.
(2)Adoption of motion or resolution.
(3)Hiring or firing of an executive director.
(4)Incurring debt.
(5)Levy of taxes.
(6)Adoption or amendment of the budget.
(7)Sale, lease, encumbrance, or alienation of real property or any developments or
improvements of property.
(8)Appointment of interim members.
New law requires, effective June 1, 2024, the president and vice president rotate every year
with the selection coming from commissioners appointed from the parishes of Avoyelles,
Rapides, and St. Landry. New law specifies that if the president is absent, demonstrates an inability, or simply fails
to act within his one-year term as president that his position will be filled by the other
member selected from the same parish in order to complete the remainder of that term of the
office of the president.
New law specifies that the governing authority of the Red River, Atchafalaya, and Bayou
Boeuf Levee District is the board of commissioners.
New law specifies that the mission of the district is to protect and provide maintenance for
the levees in St. Landry, Avoyelles, and Rapides Parishes.
New law specifies that board members are governed by the Code of Governmental Ethics.
New law lists as grounds for removal the violation of the Ethics Code and the failure to act
with a fiduciary duty of loyalty and care.
New law specifies that employees of the district are not to be employees of the board or its
members. Additionally, prohibits individual members from directing, instructing,
supervising, or otherwise managing employees under the direction and supervision of the
executive director.
New law provides that the executive director has the following responsibilities:
(1)Carrying out the policies of the board.
(2)Administration of such policies and projects of the board as directed and delegated
by the president.
(3)Supervision of all of the daily operations of the levee district and to make
recommendations to the president regarding the efficient and effective operation of
the levee district.
(4)Provision of all applicable notice of all meetings of the board and committees, and
all other applicable notice required by law or rule.
(5)Preparation of agendas, in connection with the board secretary, for regular and
special meetings of the board.
(6)Preparation of annual and interim operating budgets and provision of reports to the
board on the status of operational expenditures.
(7)Promotion and coordination of all safety training programs for board staff, including
overseeing the safe operation of all district equipment and facilities.
(8)Preparation and update of the emergency procedures manual required by present law.
(9)Review of permit requests and the issuance of such permits that meet applicable
criteria, provided the executive director submits permit requests for board approval
that he deems merits the board's attention or that received a negative response from
either the U.S. Army Corps of Engineers or the Dept. of Transportation and
Development.
(a)To act as the board's liaison with other governmental agencies with respect
to day-to-day operations of the district.
(b)Performance of such additional duties as directed by the president or the
board, within the scope of his responsibility.
New law specifies that the proper place for oversight and monitoring is at board meetings.
New law further prohibits board members from interfering in the daily operations or duties
of the executive director. New law prohibits board members from using, occupying, obligating, or donating resources,
funds, equipment, or labor of the district for uses inconsistent with the Code of
Governmental Ethics or inconsistent with the mission of the district.
New law establishes training requirements for each board member that are to be received at
the beginning of a term. Specifies that these training requirements include at least three
hours of training and instruction annually on the laws of this state governing powers, duties,
and responsibilities of levee board commissioners, the bylaws of the board of commissioners
of the district, and in environmental science, particularly flood protection.
Terminates the terms of existing commissioners of the Red River, Atchafalaya, and Bayou
Boeuf Levee District serving on the effective date of new law (June 1, 2024).
Effective June 1, 2024.
(Amends R.S. 38:291(M)(2); Adds R.S. 38:291(M)(3)-(6) and 292)