Terms Used In Louisiana Revised Statutes 38:292

  • Board of commissioners: means a group of persons appointed under the provisions of law to exercise certain authorities over and have oversight and control of a levee district or levee and drainage district. See Louisiana Revised Statutes 38:281
  • Fiduciary: A trustee, executor, or administrator.
  • Levee district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
  • Meeting: means a duly called meeting of the membership of a board when payment of per diem is authorized and such meeting is called for the express purpose of discussing activities or plans pertinent to the functions of the levee board itself. See Louisiana Revised Statutes 38:281
  • Oversight: Committee review of the activities of a Federal agency or program.

§292. Board of commissioners; Red River, Atchafalaya, and Bayou Boeuf Levee District; training required; executive director expectations and requirements

            A.(1) The governing authority of the Red River, Atchafalaya, and Bayou Boeuf Levee District shall be a board of commissioners to be known as the Board of Commissioners of the Red River, Atchafalaya, and Bayou Boeuf Levee District. The board shall consist of members selected pursuant to La. Rev. Stat. 38:291(M)(2).

            (2) The mission of the Red River, Atchafalaya, and Bayou Boeuf Levee District is to protect and provide maintenance for the levees in St. Landry, Avoyelles, and Rapides Parishes.

            B.(1) Board members of the Red River, Atchafalaya, and Bayou Boeuf Levee District shall be governed by the Code of Governmental Ethics. Violation of the code shall be cause for immediate removal from the board.

            (2) A board member’s failure to act with a fiduciary duty of loyalty and care shall be cause for immediate removal from the board.

            C.(1) Employees of the district shall not be employees of the board or its members. Individual members of the board shall not direct, instruct, supervise, or manage employees under the direction and supervision of the executive director other than clerical duties of the staff assigned to the individual board member relative to administrative duties consistent with the mission of the district.

            (2) The executive director is expected to carry out the policies of the board, without interference, including the following responsibilities:

            (a) The administration of the policies and projects of the board as directed and delegated by the president.

            (b) The 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.

            (c) The provision of all applicable notice of all meetings of the board and committees, and all other applicable notice required by law or rule.

            (d) The preparation of agendas, in connection with the board secretary, for regular and special meetings of the board.

            (e) The preparation of annual and interim operating budgets and provision of reports to the board on the status of operational expenditures.

            (f) The promotion and coordination of all safety training programs for board staff, including overseeing the safe operation of all district equipment and facilities.

            (g) The preparation and update of the emergency procedures manual required by La. Rev. Stat. 38:319.

            (h) The review of permit requests and the issuance of permits that meet applicable criteria, if the executive director submits permit requests for board approval that the executive director deems merits the board’s attention or that received a negative response from either the United States Army Corps of Engineers or the Department of Transportation and Development.

            (i) The responsibility to act as the board’s liaison with other governmental agencies with respect to day-to-day operations of the district.

            (j) The performance of additional duties as directed by the president or the board, within the scope of his responsibility.

            (3) Oversight and monitoring shall be conducted at board meetings. Individual board members shall not interfere in the daily operations or duties of the executive director. This provision shall not apply to actions taken by the board in its entirety by vote at a duly convened meeting.

            D. No member of the board, nor the board in its entirety, shall use, occupy, obligate, or donate the 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.

            E. At the beginning of a term, each board member shall receive a minimum of three hours of training and instruction on the laws of this state governing powers, duties, and responsibilities of levee board commissioners; the bylaws of the board of commissioners of the Red River, Atchafalaya, and Bayou Boeuf Levee District; and in environmental science, particularly flood protection.

            Acts 2023, No. 372, §1, eff. June 1, 2024.