Louisiana Attorney General Opinion 26-0073

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MENT OF JUST
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FIDEN
STATE E OF LOUISIANA
LIZ MURRILL ATTORNEY GENERAL
STATE OF LOUISIANA DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL P.O. Box 94005 BATON ROUGE, LA 70804-9005
October 15, 2026 OPINION 26-0073
Ms. Angelique Freel Executive Counsel Office of the Governor P.O. Box 94004 Baton Rouge, Louisiana 70804
71-1 MUNICIPALITIES - Special Charters
La. R.S. 33:321-481 La. R.S. 33:1181
The proposed amendment to the charter of the Town of Plain Dealing is consistent with the constitution and laws of the United States and the State of Louisiana.
Dear Ms. Freel,
We received your request concerning the proposed amendments to the Charter for the Town of Plain Dealing. In accordance with La. R.S. 11:1181, you have submitted the proposed amendment to our office for an opinion as to whether the amendment is consistent with the constitution and laws of the United States and State of Louisiana and should be approved by the governor.
Question: Is Proposed Amendment of Charter Ordinance 13 of 2025 in compliance with the constitution and laws of the United States and State of Louisiana?
Conclusion: Yes. The Proposed Amendment is in compliance with the constitution and laws of the United States and State of Louisiana.
According to the information provided to us, the Town of Plain Dealing ("Town") is a municipality existing prior to July 29, 1898 and operates under a special legislative charter. The Town has a population of two hundred thousand or less, so it does not come under the provisions of Part I of Chapter 2 of Title 33.1 Thus, to amend the Charter, the provisions of La. R.S. 33:1181 must be followed.2 That statute provides, in pertinent part:
The municipal governing body may prepare, in writing, the desired amendments, have the same published for three weeks in a newspaper published in the municipality, if there be one, and, if none, then by posting for said time in at least three public places therein; the proposed amendments shall then be submitted to the governor, who shall submit
1 Part I of Chapter 2 of Title 33 is commonly known as the Lawrason Act. The Town of Plain Dealing is governed by a special legislative charter. Consistent with La. R.S. 33:321, Plain Dealing does not operate under the Lawrason Act.
2 Louisiana Constitution article VI, § 2 also authorizes the amendment, modification, or repeal of a special legislative charter by local or special law of the legislature. See also La. Atty Gen. Op. No. 97-42.

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them to the Attorney General for his opinion. If the Attorney General is of the opinion that the proposed amendments are consistent with the constitution and laws of the United States and of this state, including Part I of Chapter 2 of this Title, the Governor shall approve the proposed amendments. If, within thirty days after publication, one-tenth of the electors of the municipality protest against any proposed amendment, the Governor shall not approve the amendment protested against until it is submitted to and ratified by a majority of the electors of the municipality at an election held within sixty days after the protest has been made.
The Town seeks to amend the responsibilities of the office of Marshal/Chief of Police. According to the Town, the purpose of the amendment is to clarify and confirm the duties, authority, and responsibilities of the Marshal/Chief of Police to be consistent with state law and municipal needs. Specifically, the Town seeks to amend Section 9(A) of the Special Charter to read as follows:
The marshal shall be the chief of police and shall be ex officio a constable. He shall have general responsibility for law enforcement in the municipality, and shall be charged with the enforcement of all ordinances within the municipality and all applicable state laws. He shall perform all other duties required of him by ordinance. The marshal shall have the authority to appoint police personnel, promotion of officers, to effect disciplinary action and for dismissal of police personnel, all being subject to the budgetary limitations of the mayor and board of aldermen pertaining to the number of allotted positions for the police department. Any appointments are to be made regardless of race, color, disability, as defined in R.S. 51:2232(11), or creed.
The proposed amendment was published in the official journal, the in Bossier Press Tribune, for a period of three consecutive weeks (January 21, 2026, January 28, 2026 & February 4, 2026) as required by La. R.S. 33:1181.3 After the period of publication, the board of aldermen reviewed and adopted the proposed amendment on February 10, 2026.
Our office has reviewed this amendment and finds that the amendment is consistent with the constitution and laws of the United States and Louisiana. Therefore, it is the opinion of this office that the governor should approve the proposed amendment.
3 Affidavit of Randall E. Brown, publisher of the Bossier Press Tribune, dated February 4, 2026.

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We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.
With best regards, LIZ MURRILL ATTORNEY GENERAL
BY: Hunter N. Farraf Assistant Attorney General
LM:HNF