reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:33. State civil service positions; Selective Service System registration required

RS 42:33 - State civil service positions; Selective Service System registration required
A. Except as provided in Subsections B and C of this Section, no person who is required to register for the federal draft under Section 3 of the Military Selective Service Act (50 U.S.C. App. 453) shall be eligible for employment or appointment in a state civil service position, whether classified or unclassified, until such person has registered for such draft, as evidenced by a statement of compliance pursuant to rules and regulations promulgated by the State Civil Service Commission.
B. A veteran of the armed forces of the United States may submit a copy of his discharge papers or his discharge certificate in lieu of the statement of compliance required by Subsection A of this Section.
C. A person who has not registered for the federal draft, as provided in Subsection A of this Section shall be eligible for employment or appointment in a state civil service position if the requirement for the person to register has terminated or become inapplicable to the person. The State Civil Service Commission may adopt rules for documentation of termination or inapplicability of such requirement.
Acts 1987, No. 581, §1; Acts 1999, No. 372, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:34. Defaulters not to hold office

RS 42:34 - Defaulters not to hold office
Any person who at any time has been a collector of state, parish or municipal taxes or otherwise entrusted with public money, is ineligible to be a member of the Legislature, or to hold any office of profit or trust under the state government until he has obtained a discharge for the amount of the collections, and for all the public money with which he was entrusted.
Amended by Acts 1950, No. 316, §13.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:35. Commissions not to issue to defaulters; new elections

RS 42:35 - Commissions not to issue to defaulters; new elections
The governor shall not issue a commission to any public officer who appears to be a defaulter by the reports on file in his office, unless it is proved to his satisfaction that the person is not a defaulter, or has paid the amount of his defalcation. Unless this proof is made within ninety days from the date of the election or appointment the governor shall order a new election or make a new appointment, as the case may be.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:37. Questioning of employee witnesses as to membership in communist party; refusal to answer

RS 42:37 - Questioning of employee witnesses as to membership in communist party; refusal to answer
Every person in the employ of the state of Louisiana or any political subdivision thereof, or in the employ in any capacity of any parish or city school board or any public school, college, university or other institution of higher learning which is supported in whole or in part by public funds of the State of Louisiana, whenever he may or shall be called and sworn as a witness before the Joint Legislative Committee of the Legislature of Louisiana, shall be required to answer under oath whether he has been or is a member of the Communist Party. Refusal to give such information, in which the state of Louisiana has a legitimate interest in securing, in response to questions asked by the chairman, or any member of the Joint Legislative Committee, whenever any legislative investigation is being made or undertaken by the said committee in accordance with the provisions of Article V, Section 17 of the Constitution of the state of Louisiana, shall constitute insubordination on the part of any such employee, and he shall, by reason of such refusal to answer any such question or questions, be subject to dismissal or discharge, in the manner provided by law, from his said employment.
Acts 1960, No. 243, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:39. Judges; ineligibility to become candidate for other elective office; conditions and exceptions

RS 42:39 - Judges; ineligibility to become candidate for other elective office; conditions and exceptions
A. After July 31, 1968, no person serving in or elected or appointed to the office of judge of any court, justices of the peace excepted, shall be eligible to hold or become a candidate for any national, state or local elective office of any kind whatsoever, including any national, state or local office in any political party organization, other than a candidate for the office of judge for the same or any other court.
B. The provisions of Subsection A of this Section shall not be construed as prohibiting any person from resigning from his office as judge of any court for the purpose of becoming a candidate for nomination or election to any national, state or local elective office for which he is qualified and eligible; provided, however, that the resignation of any such person shall be and is made not less than twenty-four hours prior to the date on which he qualifies as a candidate for nomination or election to the office to which he seeks nomination or election.
C. If any judge elected or appointed, justice of the peace excepted, qualifies for any other elective position, other than those allowed by the provisions of this section, without complying with the provisions of Subsection B of this Section, his qualification as a candidate for the other office shall ipso facto be null and void.
Added by Acts 1968, No. 504, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:39.1. Judges; eligibility to serve on boards of directors of financial institutions

RS 42:39.1 - Judges; eligibility to serve on boards of directors of financial institutions
Any person serving in or elected or appointed to the office of judge of any court may hold and manage investments, including real estate, and engage in other remunerative activity and may also serve as a member of the board of directors of any bank, lending institution, homestead or savings and loan association, or other similar financial institutions.
Added by Acts 1978, No. 491, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:39.2. Justices of the peace; ineligibility of temporary appointees to fill vacancy

RS 42:39.2 - Justices of the peace; ineligibility of temporary appointees to fill vacancy
No person appointed by the Supreme Court to temporarily serve in the office of justice of the peace, until a vacancy can be filled through election, shall be eligible to run as a candidate for the filling of said vacant seat. The provisions of this Section shall apply to any person who accepts the appointment to temporarily serve as justice of the peace and subsequently resigns the office prior to the filling of the vacancy through election.
Acts 1987, No. 247, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1141.5. Adjudicatory hearings

RS 42:1141.5 - Adjudicatory hearings
A. The Ethics Adjudicatory Board shall sit in rotating panels composed of three administrative law judges randomly selected from among the members of the Ethics Adjudicatory Board. The panel shall select the administrative law judge who will preside over the hearing. The determination of the majority of the panel in a particular case shall be the determination of the Ethics Adjudicatory Board. After the hearing, the presiding administrative law judge shall assign authorship responsibility for the determination.
B. After the hearing, the adjudicatory panel shall determine whether a violation of any provision of law within the jurisdiction of the Board of Ethics has occurred. If the adjudicatory panel determines that a violation has occurred, it shall determine what authorized penalties or other sanctions, if any, should be imposed and shall issue a final decision.
C. If the public hearing of the adjudicatory panel fails to disclose clear and convincing evidence to support the charges, the adjudicatory panel shall make an official determination of its findings and shall issue a final decision. The person charged and the complainant shall be notified in writing within ten days of the adjudicatory panel's rendition of a final decision. The person charged may require the adjudicatory panel to make an official determination of the validity of the charges against him.
D. If the adjudicatory panel determines that a violation has occurred and prescribes authorized penalties or other sanctions, the public servant or person may appeal as set forth in R.S. 42:1142.
Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1141.6. Declaratory opinions

RS 42:1141.6 - Declaratory opinions
A. Upon application of a public servant, other person, or agency, the Board of Ethics may declare rights, status, and other legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions issued by the board, either before or after there has been a breach thereof. The applicant may seek to have the Board of Ethics determine any question of construction or validity arising under the provisions of this Chapter or by any other law within its jurisdiction.
B. The Board of Ethics' power to declare rights, status, or legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions issued by the board, or the construction of such laws or opinions, is not limited or restricted to any proceeding where a declaratory opinion is sought in order to terminate a controversy or remove an uncertainty.
C. The purpose of a declaratory opinion is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations established by the provisions of this Chapter or by any other law within the Board of Ethics' jurisdiction or under opinions issued by the board, or the construction of such laws and opinions.
D. A declaratory opinion is a final decision of the Board of Ethics. The decision of the board on an application for a declaratory opinion shall be rendered after a public hearing and only after the requesting party, all other interested parties, and the board's staff have been afforded full and complete opportunity to present evidence, testimony, and argument. A declaratory opinion of the board shall be considered a final decision and shall be reviewable by the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
E. The Board of Ethics may refuse to render a declaratory opinion where such opinion, if rendered, would not terminate the uncertainty or controversy giving rise to the proceeding.
F. When a declaratory opinion is sought, the public servant, other person, or agency, as necessary and appropriate for the rendition of a declaratory opinion, who has or claims any interest which would be affected by the opinion shall be made a respondent and given notice of the request and of all public hearings conducted pursuant to the request.
G. The procedures for seeking a declaratory opinion and for the public hearing on such request shall be provided by rule adopted by the Board of Ethics pursuant to the Administrative Procedure Act.
Acts 2012, No. 608, §1, eff. June 7, 2012.
NOTE: See Acts 2012, No.608, §3, relative to the prospective application of Act.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1141.7. Motions and exceptions

RS 42:1141.7 - Motions and exceptions
A. Motions and exceptions may be made before, during, or after a public hearing.
B. Any motion or exception made before or after the public hearing shall be filed with the appropriate panel of the Ethics Adjudicatory Board. Any contradictory motion or exception shall be accompanied by a memorandum which shall set forth a concise statement of the grounds upon which the relief sought is based and the legal authority therefor.
Acts 2023, No. 147, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1141.8. Summary judgment

RS 42:1141.8 - Summary judgment
A. A motion for summary judgment may be filed by the Board of Ethics or the respondent without leave of the Ethics Adjudicatory Board and without an agreement by any other party to the use of summary judgment procedure, at any time before, during, or after a public hearing on the merits.
B. After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to a material fact and that the mover is entitled to judgment as a matter of law.
C. Only documents provided for in Code of Civil Procedure Articles 966 and 967 may be filed in support of or in opposition to the motion.
D. The Ethics Adjudicatory Board may exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence.
E. An objection to an evidentiary offer may be made and shall be noted in the record. When an objection to an evidentiary offer is sustained by the Ethics Adjudicatory Board, the subject evidence shall be considered proffered into the record with or without a motion.
F.(1) The burden of proof rests with the mover. Nevertheless, if the mover will not bear the burden of proof at the public hearing on the merits of the issue before the Ethics Adjudicatory Board on the motion for summary judgment, the mover's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the board the absence of factual support for one or more elements essential to the adverse party's claim, action, or defense.
(2) The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.
G. The Ethics Adjudicatory Board may render a summary judgment dispositive of a particular issue or defense in favor of one or more parties even though the granting of the summary judgment does not dispose of the entire matter as to that party or parties.
H. The Ethics Adjudicatory Board may render or affirm a summary judgment only as to those issues set forth in the motion under consideration by the board at that time.
I. The Ethics Adjudicatory Board shall transmit notice of the hearing on the motion for summary judgment to the Board of Ethics through the secure electronic file transfer system and to the respondent through his counsel of record, or if no counsel of record, to the respondent, by either email or regular mail to the last known email or mailing address provided by the respondent's counsel of record or respondent to the Ethics Adjudicatory Board.
J. The denial of a motion for summary judgment by the Ethics Adjudicatory Board is an interlocutory judgment and is not appealable pursuant to R.S. 42:1142(A).
Acts 2023, No. 147, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1143. Procedure and rules of evidence

RS 42:1143 - Procedure and rules of evidence
Except as otherwise provided in this Chapter, all proceedings conducted by the board or panel shall be subject to and in accordance with the Administrative Procedure Act.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:51. Declaration of policy

RS 42:51 - Declaration of policy
The Legislature of Louisiana does hereby take cognizance of the fact that much of the world is in a state of political unrest; that foreign agents and others who seek the overthrow or destruction of the government of the United States are known to be working in our country, and that such a situation presents a clear and present danger; and it is hereby declared to be public policy that subversive activities by any public employee, or by any student in a public educational institution in this state, should not be permitted, and this act is enacted to prohibit such subversive activities.
Acts 1950, No. 284, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:52. Oath or affirmation; form

RS 42:52 - Oath or affirmation; form
A. Except as otherwise provided herein, no person owing allegiance to the United States shall be employed by the state or any political subdivision thereof unless and until he files the following written statement with the appropriate appointing authority:
"I (A.B.) do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this State; and I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____, and according to the best of my ability and understanding. So help me God."
B. A person may be temporarily employed for fifteen days, and if the above statement is not filed by the fifteenth day, he shall be discharged.
Acts 1950, No. 284, §2. Amended by Acts 1952, No. 504, §1; Acts 1982, No. 48, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:53. Oath or affirmation; prospective employees

RS 42:53 - Oath or affirmation; prospective employees
Before any contract of employment between any person and a state department, board, commission, or agency of the State of Louisiana, or of any political subdivision or municipal corporation of the State of Louisiana, is made or renewed after July 26, 1950, the oath or affirmation prescribed in R.S. 42:52 hereof shall be taken and filed by the prospective employee.
Acts 1950, No. 284, §3.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:54. Subversive activities prohibited

RS 42:54 - Subversive activities prohibited
No public employee, and no student in a public educational institution, shall by word of mouth or writing knowingly or wilfully advocate, abet, advise, or teach, the duty, necessity, desirability, or propriety, of overthrowing or destroying the government of the United States or of any state or of any political subdivision thereof, by force, violence, or any other unlawful means, or the adherence to the government of any foreign nation in the event of war between the United States and such foreign government.
Acts 1950, No. 284, §4.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:55. Definitions

RS 42:55 - Definitions
As used in this Part: (1) "Public employee" shall mean and include every officer or employee of any department, board, commission, or agency of the State of Louisiana, or of any political subdivision or municipal corporation of the State of Louisiana.
(2) "Student in a public educational institution" shall mean and include every student enrolled in any public school of the State, or in any state-supported trade school, vocational school, college, or university.
Acts 1950, No. 284, §4.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:56. Dismissal from employment; expulsion from educational institution

RS 42:56 - Dismissal from employment; expulsion from educational institution
Any public employee found guilty of committing any act prohibited by R.S. 42:54 hereof shall be dismissed from his public employment. Any student in a public educational institution found guilty of committing any act prohibited by R.S. 42:54 hereof shall be expelled from the public educational institution in which he is enrolled.
Acts 1950, No. 284, §5.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:58. Appeal

RS 42:58 - Appeal
Any person dismissed or expelled as set forth in R.S. 42:57 hereof may prosecute an appeal from such dismissal or expulsion, within thirty days of notice thereof, to the district court having jurisdiction over the parish of the domicile of the public educational institution or public body concerned. On such appeal, which shall be a trial de novo, the written record of the proceedings before the committee shall be admissible in evidence for all purposes, but either party shall have the right to introduce all other competent evidence desired, whether introduced at the hearing by the committee or not.
Acts 1950, No. 284, §7.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:61. Declaration of policy

RS 42:61 - Declaration of policy
A. It is essential to the maintenance of a democratic society that public officials and employees perform the public business in a manner which serves to promote and maintain in the general citizenry a high level of confidence and trust in public officials, public employees, and governmental decisions. The attainment of this end is impaired when a public official or employee holds two or more public offices or public jobs which by their particular nature conflict with the duties and interests of each other. The attainment of a high level of confidence and trust by the general citizenry in public officials, employees, and governmental decisions is further impaired by the excessive accumulation of governmental power which may result from public officials or employees holding two or more public offices or public jobs.
B. It is the purpose of this Part to implement a policy which will serve to maintain a high level of trust and confidence by the general citizenry in public officials, employees, and governmental decisions of the government of this state and of its political subdivisions by defining and regulating dual employment and by defining, regulating, and prohibiting dual officeholding.
Added by Acts 1979, No. 700, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:64. Incompatible offices

RS 42:64 - Incompatible offices
A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:
(1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other, except that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them and over which they exercise general powers as provided in Article VI, Section 15 of the Constitution of Louisiana. A board or commission so created may elect officers from its own membership, and if a joint commission of two parishes, except a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, may also appoint a member of one of such parish's governing body to be its general superintendent.
(2) The incumbent of one office, whether or not in conjunction with fellow officers, or employment receives the oath and/or bond of the incumbent of the other.
(3) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is charged by law with instituting actions for penalties against the incumbent of the other office or employment.
(4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.
(5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position.
(6) Funds received by one office or employment are deposited with or turned over to the other office or position.
B. A joint commission that has as its function the operation and maintenance of a causeway and its related roadways, created by two or more parishes, shall not appoint a member of the governing authority of any of the parishes or an employee thereof to the joint commission. No member of a parish governing authority or employee thereof shall serve as a member of a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, created by the parish by agreement with one or more other parishes.
C. No other combination of offices or employments shall be deemed to be incompatible unless the powers, functions, or duties are found to be adverse to the public interest as set forth in Section 61 of this Part.
Added by Acts 1979, No. 700, §1. Acts 1988, No. 363, §2, eff. July 8, 1988.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:67. Unclassified management positions

RS 42:67 - Unclassified management positions
A. Each appointee to or employee in a management position that is added to the unclassified state civil service by the Civil Service Commission under authority of Article X, Section 2(B) of the Louisiana Constitution, shall be subject to the provisions of this Part.
B. For purposes of this Part, "management position" means a position in which the appointee or employee performs one or more of the following activities within an agency in the executive branch of state government:
(1) Exercises important policy-making, policy-determining, or other executive functions.
(2) Directs the work of an organizational unit.
(3) Is held accountable for the success of one or more specific programs or projects.
(4) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to those goals.
Added by Acts 1983, No. 693, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:67.1. Minimum qualifications

RS 42:67.1 - Minimum qualifications
Each person appointed to a management position covered by this Part shall have at least the following qualifications:
(1) A bachelor's degree from an accredited college or university; however, appropriate work experience related to the position of appointment or employment may be substituted on a year for year basis for such degree.
(2) Three years of responsible managerial experience.
Added by Acts 1983, No. 693, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:67.2. Inapplicability of Part

RS 42:67.2 - Inapplicability of Part
The provisions of this Part shall not be applicable to any person holding a position defined in R.S. 42:67 on the effective date of this Part. Additionally, the provisions of this Part shall not apply to management positions in those offices of the executive branch of state government provided for in Article X, Section 2(B)(10).
Added by Acts 1983, No. 693, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:68. Qualified candidates for management positions; submission of list to governor-elect

RS 42:68 - Qualified candidates for management positions; submission of list to governor-elect
A. Within sixty days after each election for governor, the Civil Service Commission shall submit to the governor-elect a list of employees in the classified service holding supervisory positions or positions at other levels of management of major programmatic functions within an agency who meet the minimum qualifications for management personnel set forth in R.S. 42:67.1 and who are thereby eligible for and who desire to apply for appointment to a position of management in the unclassified service. The governor-elect may consult this list in making his appointments to unclassified management positions in the executive branch of state government and may make the list available to secretaries or other heads of departments in the executive branch of state government who will take office at the same time as the governor to whom the list is submitted.
B. In order to effectuate the purposes of this Section, the Department of Civil Service shall establish a program for the systematic identification of qualified classified employee candidates for unclassified management positions in the executive branch of state government. Every agency whose employees are in the classified state civil service shall participate in such program and shall cooperate with the department in carrying out such program under guidelines established by the department in accordance with applicable rules of the Civil Service Commission.
Added by Acts 1983, No. 693, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:71. Usurpation of office; punishment

RS 42:71 - Usurpation of office; punishment
Any person who assumes or pretends to be a public officer without the authority of an election, or without the authority of a commission from the governor when a commission is required; or who has been duly addressed out of an office that he held, in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or who has been removed from such an office by impeachment or recall, is a usurper.
Any usurper who attempts to exercise the functions of a public officer or office, and who interferes with any public officer in the discharge of his duties; or refuses to vacate an office, after having been removed therefrom in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or by impeachment or recall, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Each day's action by a usurper shall constitute a separate offense.
Amended by Acts 1960, 3rd Ex.Sess., No. 3, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:73. Declaration of forfeiture of office created by statute

RS 42:73 - Declaration of forfeiture of office created by statute
Whenever the governor ascertains that any public officer, whose office is established by an act of the legislature, has given adhesion to or recognized the authority of any usurper as provided in R.S. 42:71 and 42:72, he may declare that the officer has forfeited his office, and fill the vacancy by appointment under the provisions of the constitution and laws regulating appointments to fill vacancies.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:74. Declaration of forfeiture of office created by constitution

RS 42:74 - Declaration of forfeiture of office created by constitution
Whenever the governor is informed that any public officer has forfeited his office by giving adhesion to or recognizing any usurper the governor may, when the office is established by the constitution, direct the Attorney General or the district attorney to take legal proceedings before the court of competent jurisdiction to have the forfeiture declared.
These proceedings shall be summary and be had by rule, with notice of one full day to the offender. The court shall hear and determine the rule at once.
Any appeal taken shall be made returnable within ten days, and shall be heard by preference by the supreme court, as in case of contest for judicial office.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:75. Appointment to fill vacancy

RS 42:75 - Appointment to fill vacancy
Whenever the court of competent jurisdiction declares that any public officer, whose office is established by the constitution, has forfeited his office, within contemplation of R.S. 42:72, the governor shall fill such office by appointment under the laws providing for filling vacancies in public offices.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:76. Actions to try right to office; associations acting as corporations

RS 42:76 - Actions to try right to office; associations acting as corporations
An action shall be brought in the name of the state in any of the following cases:
(1) When any person usurps, intrudes into, or unlawfully holds or exercises or attempts to remain in possession of any public office or franchise within this state.
(2) When any public officer has done, or suffered to be done, an act which under the laws of this state constitutes a forfeiture of his office.
(3) When any association or any number of persons act as a corporation without being duly incorporated.
This action shall be brought by the attorney general of the state or by the parish district attorney of the parish in which the case arises against the offender, and the suit shall be filed in the district court of that parish.
The action may also be brought by the governor appearing in proper person or through the attorney general of the state or other counsel he may select.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:78. Service; answer

RS 42:78 - Service; answer
Service shall be made in the cases provided for in R.S. 42:76 and 42:77, the same as in other civil suits, and the answer of the defendant shall be filed within the legal delays as in other suits. These cases shall be tried by preference over all other cases, without being fixed for trial after issue joined.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:79. Interested persons to be joined with state

RS 42:79 - Interested persons to be joined with state
When the suit is brought by the attorney general of the state or by the district attorney under the provisions of R.S. 42:76 on the relation or information of any interested person, the name of that person shall be joined with the state as plaintiff.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:80. Complaint; decree

RS 42:80 - Complaint; decree
When an action is brought against a person for usurping or intruding into or unlawfully holding or attempting to retain possession of a public office, the person who brings the action must set forth in the complaint the name of the person rightfully entitled to the office, with a statement of his right thereto.
In this case or in case the suit is brought by a claimant to the office on proof that the defendant is in bad faith holding or attempting to retain possession of a public office and in such bad faith has received fees or emoluments belonging to the office, the court may in its decree require the defendant to refund them and render judgment against him for the amount thereof as in other civil suits.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:81. Demand for possession

RS 42:81 - Demand for possession
If the judgment is against the defendant, and rendered upon the right and in favor of the person alleged to be entitled to the office, he shall have the right, after taking the oath of office, and otherwise complying with the requirements of law, to take upon himself the execution of the office, and he shall immediately demand of the defendant all the books and papers pertaining to the office.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:84. Defendant liable for costs and damages

RS 42:84 - Defendant liable for costs and damages
When the defendant against whom such action is brought is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that the defendant be excluded from the office, franchise, or privilege, and also that the plaintiff recover costs against the defendant, and such damages as are proven to have been sustained.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:85. Appeal

RS 42:85 - Appeal
Appeals to the supreme court may be taken from the action provided for in R.S. 42:76 through 42:84, the same as in other cases. But all these cases shall take preference when they come before the supreme court over all other cases in the order of trial, and shall be made returnable to the court, on motion of either of the parties.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:86. Manner of trial

RS 42:86 - Manner of trial
All the cases coming under the provisions of R.S. 42:76 through 42:84 may be tried before a judge of the district in chambers, or at a special term called by the judge on legal notice being given the parties interested; and, if required by either party, the judge may order a special jury, to be summoned according to law, to try the case.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:91. Purpose

RS 42:91 - Purpose
The purpose of this Chapter is to prohibit a person who has his professional license or certificate suspended or revoked from serving as a member of a board or regulatory entity if membership on the board requires a valid professional license or certificate.
Acts 1995, No. 64, §1, eff. June 12, 1995.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:92. Automatic removal

RS 42:92 - Automatic removal
A. Any person who is appointed, elected, or serves ex officio on any board which membership is conditioned on the possession of a current and valid occupational or professional license or certificate, whose occupational or professional license or certification is suspended or revoked by the board issuing the occupational or professional license or certification, shall be automatically suspended from the board and shall not be reelected or reappointed until his occupational or professional license or certification is reinstated by the issuing board.
B. As used in this Chapter, "board" means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade.
Acts 1995, No. 64, §1, eff. June 12, 1995.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:141. Time limitation on oath and bond; failure to comply

RS 42:141 - Time limitation on oath and bond; failure to comply
A. Each public officer, within thirty days after receipt of his commission or within thirty days after receipt of his commission certificate, whichever is later, shall take the oath of office prescribed by law, and give bond, when required, and file the same in the proper office in the manner required by law.
B. Subject to the time limitation set forth in Subsection A of this Section, a public officer may take his oath of office at any time after he receives his commission or commission certificate. An oath taken prior to the date shown on the commission shall be deemed to have been taken on and shall be effective on and after the date on which the term of office for which the oath is taken commences. In cases where the office is one for which no date for term of office is set, an oath taken prior to the date on the commission shall be deemed to have been taken on and shall be effective on and after the date on the commission.
C. Failure to comply with the requirements of this Section shall create a vacancy in the office, and the vacancy shall be filled in accordance with law as in other cases of vacancy.
Amended by Acts 1979, No. 652, §1; Acts 2003, No. 320, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:142. Time limitation for persons in military service

RS 42:142 - Time limitation for persons in military service
The provisions of R.S. 42:141 shall not apply to any person elected, or appointed to any public office while serving in the military service of the United States outside the continental limits of the United States.
These persons shall qualify for office by:
(1) Taking the oath and giving bond, where required, within sixty days after returning to the continental limits of the United States; or
(2) Executing their oath and bond in any part or possession of the United States, or any foreign country.
In any case the oath and bond may be signed and executed before any commissioned officer of the military service of the United States, with the same force and effect as if before a notary public within this state.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:162. Administration and recordation of oath or affirmation

RS 42:162 - Administration and recordation of oath or affirmation
A. The oath or affirmation of all officers of the state may be administered by the governor, any judge, justice of the peace, notary public, or clerk of court. Except as otherwise provided in Subsection B of this Section, the oath or affirmation shall be subscribed to by the party taking it, and certified in his commission by the person administering it and shall be deposited in the office of the secretary of state and recorded by him. The oath or affirmation of all parish officers shall also be recorded in the clerk of court's office of the parish where the same may have been administered, to be recorded by the clerk of court in a book kept for that purpose.
B. For members of each house of the legislature who take the oath or affirmation at the organizational session of the legislature as provided in Article III, Section 2(D) of the Constitution of Louisiana, the clerical officer of each house of the legislature shall deposit in the office of the secretary of state a certified journal entry of the proceedings of that house which reflects the taking of the oath of office as provided in the constitution. The secretary of state shall record each certified journal entry in the same manner the oaths or affirmations received pursuant to Subsection A of this Section are recorded. For the members of the legislature who took the oath of office at the organizational session of the legislature, the certified journal entry shall fulfill the requirements of this Part to take and subscribe to the oath or affirmation.
C. The oath or affirmation shall be deposited for recordation within one month after the same shall have been administered. A certified journal entry submitted pursuant to Subsection B of this Section shall be deposited for recordation no later than one month following the organizational session of the legislature.
Acts 1988, No. 850, §1; Acts 2003, No. 320, §1; Acts 2012, No. 4, §1, eff. Apr. 25, 2012.
NOTE: Acts 2012, No. 4, §2 provides that the Act is remedial, curative, and procedural and is to be applied retroactively and prospectively.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:163. Public officers; date salary commences

RS 42:163 - Public officers; date salary commences
The salary of any officer in this state whose compensation depends upon or is to be computed by time of service shall commence from the date on which he took the oath of office, or, where the oath is taken in compliance with Section 141 of Title 42, from the effective date as set therein.
Amended by Acts 1978, No. 437, §1; Acts 1979, No. 652, §2.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:181. Bond with surety residing in parish, or by surety company

RS 42:181 - Bond with surety residing in parish, or by surety company
All public officers who are required by law to give bond, shall give bond secured by a personal surety residing within the parish where the officer exercises the functions of his office, or by a reputable and reliable surety company doing business in the state.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:184. Acceptance of bonds

RS 42:184 - Acceptance of bonds
The bonds of public officers shall be accepted by the parish recorder, the clerk of the district court, and the president of the police jury, or any two of them, in the absence of the third, within thirty days from the date of his commission, and before entering upon his duties.
This shall apply in all the parishes except in the city of New Orleans, where that duty shall be performed by the recorder of mortgages.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:185. Acceptance of sureties to be unanimous; appeal

RS 42:185 - Acceptance of sureties to be unanimous; appeal
The acceptance of the sureties offered upon the bond of any public officer must be unanimous. On the refusal to accept any surety, the district judge shall have the power, upon application made in vacation or in term time, to compel the officials whose duty it is to accept the sureties to show cause why they should not accept them. In all such cases these officials shall, upon demand by the party complaining, certify their decision and evidence upon which it is based to the judge who shall decide thereon immediately; and from his decision and order in the premises there shall be no appeal.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:186. Authentication and recordation of bonds

RS 42:186 - Authentication and recordation of bonds
The bond of any public officer shall be authenticated by the attestations of two witnesses and the signature of the recorder; it shall also be recorded in a separate book kept for that purpose, and it shall also be registered in the mortgage records of the several parishes where the principal obligor may own real estate.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:187. Bond operates as mortgage except when signed by surety company

RS 42:187 - Bond operates as mortgage except when signed by surety company
The bonds, when duly registered, shall operate from and after the date of the registry as a mortgage upon all of the real estate of the principal obligor.
This does not apply to bonds signed by surety companies which shall be recorded only in the parish where the public officer resides and, shall not operate as a mortgage on any property which may be owned by the public officer.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:189. Duty of recorder to transmit copies

RS 42:189 - Duty of recorder to transmit copies
The recorder shall transmit to the secretary of state certified copies of all bonds of state officers taken by him, with a certificate of registry in the mortgage records, within three months after their execution.
Whoever violates this Section shall be fined five hundred dollars.
Amended by Acts 1978, No. 437, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:190. Release of surety for cause; new bond

RS 42:190 - Release of surety for cause; new bond
Whenever a surety on any official bond has good cause to fear that the public officer will render him liable by reason of his misfeasance, malfeasance or neglect of official duties, the surety may, by rule upon the officer cause him to appear before any court of competent jurisdiction to show cause why the surety should not be released from further liability upon the bond.
The public officer shall be allowed ten days after service of the rule within which to answer, and upon the trial of the rule, if the court is satisfied that the apprehensions of the surety are well founded, a decree shall be entered requiring the officer to execute a new bond within a time fixed by the court of not less than ten days nor more than twenty days after final judgment, and further decreeing the release of the surety from all liability upon the bond after the expiration of the time allowed to give a new bond.