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The
Forms of Parish Government
When
Louisiana's governmental framework was devised, the
structure of parish government was fragmented among a
number of different officials and it remains so. The
parish governing authority is only one part of the total
parish governmental structure. Many functions are vested
in independently appointed or elected officials such as
the elected assessor, coroner, clerk of court, district
attorney and sheriff. Many federal and state mandates
must be considered when viewing the overall parish
government picture.
41 of state's 64 parishes operate under the Police Jury
form of government. The other 23 parishes operate under
a form of home rule charter. The home rule charter
governments include Council-President, Commission,
Consolidated Government, and City-Parish.
Click here for a
breakdown of Parishes by form of government.
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Origins of the Police Jury
Louisiana is unique in the nation in that it has
parishes which are governed in most cases by police
juries. Parishes correspond to counties and police
juries to county boards of commissioners or similar
local governing bodies in other states.
Once Louisiana had counties. Shortly after the Louisiana
territory was purchased by the United States, the newly
created Legislative Council met in 1804 and divided the
state into 12 counties. These were Orleans, German
Coast, Acadia, LaFourche, Iberville, Pointe Coupee,
Concordia, Atakapas, Opelousas, Rapides, Natchitoches
and Ouachita.
These counties proved too large for satisfactory
administration and in 1807, the state was divided into
19 parishes based, for the most part, on the boundaries
of the 21 ecclesiastical parishes as they existed
under Spanish rule in the late 18th century. Thus parish
became the local government district.
Government of the 19 parishes was at first along lines
established for the counties wherein county judges
served as the chief governing officers. In 1807, the
Legislative Council and House of Representatives of the
Territory of Orleans revised the parish form of
government. A 12-member jury was created to serve with
the parish judge and the justice of peace, both of the
latter being appointive officials. This body was charged
with responsibility for "execution of whatever concerns
the interior and local police and for administration of
the parish."
Another step was taken in 1810 when legislation created
the office of sheriff for each parish and provided that
he be paid from the "police assembly of the parish." An
1811 act made members of the police assembly elective
and officially designated this body as a "police jury."
Powers of the judges were reduced and justices of peace
were made ex officio members. (In 1824, justices of
peace were dropped from the police jury membership.) Two
years later, in 1813, legislation provided for wards
within parishes and for election of members from wards
to serve on the police juries. (Members were to serve
without compensation and to be subject to a fine for
non-attendance.)
Parish judges continued to serve on police juries as ex
officio presidents until 1830 when legislation excluded
them from jury membership. Police juries were gradually
given added powers over the next two decades and began
to function much as they do today. The Louisiana
Constitution of 1845 dropped all references to counties.
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1974 Constitutional Change
The 1974 constitution
granted broad home rule authority to parishes and
municipalities and reversed the traditional concept of
local government as a "creature of the state" possessing
only delegated authority.
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Police Jury System of
Government
The police jury form of
government is similar to the traditional commission form
common at the county level in other states. The police
jury may have no fewer than five members nor more than
15 members, or the number the jury was authorized to
have before 1974, if larger. A parish with a population
of less than 10,000 may have as few as three members.
The statutes do not designate how a police jury should
organize to discharge its functions and, consequently,
parishes have considerable flexibility.
The
police jury does not have authority to determine its own
structure and organization. Neither does it offer the
protection from legislative interference in structure,
organization, and powers and functions which is provided
by a home rule charter.
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Home Rule Charter
A home rule charter provides
the structure and organization, powers and functions of
the parish, which may include the exercise of any power
and performance of any function necessary, requisite or
proper for the management of its affairs, not denied by
general law or inconsistent with the constitution.
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