Mayor Tim Riley and Chief of Staff Wade Petite.
In March of 2025, less than three months into his first term, Mayor Tim Riley had occasion to request an opinion from Louisiana’s Attorney General. Yesterday, Riley received the long-awaited opinion that would resolve a long-simmering dispute between his administration and a couple (or three) of city council members. Two questions were answered.
First:
Question: Does the mayor of Gonzales have the authority, under the powers granted by the Lawrason Act, to create the position of “Chief of Staff” and appoint/hire an individual to fill that role without city council approval?
Answer: Yes. The mayor of Gonzales, pursuant to his authority under La. R.S. 33:321, et seq,., may create and appoint a person to the position of “Chief of Staff.”
Mayor Riley, less than two weeks on the job last year, created the position in question to hire his longtime friend and confidante, Wade Petite. According to Petite, “Mayor Riley made the decision after a meeting with Councilman Kirk Boudreaux who recommended it” during a January 10, 2025 meeting to discuss the upcoming four-year term.
“Boudreaux was blunt during that meeting, asserting that he would not support my nomination as Chief Administrative Officer/City Clerk,” Petite said. “But he suggested that Mayor Riley find another position, which we did after seeking advice from the city attorney. It wasn’t until later that one of Boudreaux’s colleagues brought up Ordinance 2-159 of which, to be perfectly honest, we were unaware.”
That city ordinance reads, “Action to create, abolish or reallocate a filled or vacant position shall be subject to ratification by the mayor and city council at its next regular meeting.” Boudreaux, Tyler Turner and Terri Lambert (who knows what Councilwoman Cynthia Gray James would have done, including herself?) would not have acquiesced to Riley, at least that’s what the mayor thought. So, at the urging of the city attorney, Riley requested the AG’s Opinion which also posed the second question:
Question #2: Is Gonzales City Code Ordinance Section 2-159 an infringement on the mayor’s power to delegate performance of administrative duties to municipal officers and employees as he deems necessary and advisable in accordance with La. R. S. 33:404(A)(2)?
Answer #2: Yes. Gonzales City Code Section 2-159 is unenforceable to the extent it operates to restrict the mayor’s authority to delegate powers in accordance with La. R.S. 33:404(A)(2).
The opinion concludes that “the ordinance’s validity depends on whether it conflicts with the mayor’s statutory authority under the Lawrason Act. In general, the city council has the authority to adopt ordinances… However, those ordinances cannot be inconsistent with or conflict with state law…If section 2-159 operates to limit the mayor’s discretion to appoint subordinates necessary to carry out his executive duties, particularly non-municipal officer administrative staff, then such a provision may be deemed inconsistent with the Lawrason Act.”
Ordinances “cannot interfere with the mayor’s administrative authority – such as hiring, firing, or discipline – even if the board of aldermen enacts it. The board may adopt policies and procedures but may not make individual decisions or usurp the mayor’s executive functions. Therefore, to the extent that section 2-159 requires city council approval for hiring non-municipal officer personnel, such as a Chief of Staff, it constitutes an improper encroachment on his executive authority.” (Emphasis added).
“It’s what we’ve been saying from the beginning,” stressed Mayor Riley who pushed back when asked if he felt vindicated by the opinion’s conclusions. “No, because we fully expected this opinion. The Lawrason Act is clear.”
And so is AG’s OPINION 26-0064, which began its analysis by framing the issues:
“The mayor’s powers, duties, and responsibilities are set forth in La. R.S. 404(A), which provides in pertinent part as follows:
(1) To supervise and direct the administration and operation of all municipal departments, offices, and agencies, other than a police department with an elected chief of police, in conformity with ordinances adopted by the board of aldermen and with applicable provisions of state law; however, no such ordinance may limit the authority granted to the mayor by this Paragraph. All administrative staff shall be subordinate to the mayor.
(3) Subject to applicable state law, ordinances, and civil service rules and regulations, to appoint and remove municipal employees, other than the employees of a police department with an elected chief of police. However, appointment or removal of a nonelected chief of police, the municipal clerk, the municipal attorney, or any department head shall be subject to approval by the board of aldermen, except that in the case of a tie vote, the recommendation of the mayor shall prevail. Furthermore, selection or removal of any person engaged by a municipality to conduct an examination, review, compilation, or audit of its books and accounts pursuant to R.S. 24:513 shall be subject to approval by the board of aldermen of that municipality.
To determine whether the mayor of Gonzales has the authority to create and appoint the position of Chief of Staff, it is first necessary to determine the nature of the position. Pursuant to R.S. 33:404, if the Chief of Staff is deemed an employee of the police department… or another department head, the appointment is subject to approval by the board of aldermen. Conversely, if the position does not fall within either of those categories, it is considered a general municipal employee position, which may be created and filled by the mayor without the city council’s approval.”
The AG reviewed the “roles and duties of the Chief of Staff”:
Job duties consist primarily of working directly with the mayor to develop, formulate, and implement policies and procedures, and goals for the city as determined by the mayor. Those duties encompass direct engagement, as expressly authorized by the mayor, with City Council members and senior staff in the attempt to achieve unanimity of purposes. Additionally, the position entails communication and coordination with outside governmental entities, professionals deemed experts in their field as identified by the mayor, vendors and prospective vendors for the city, stakeholders and citizens, and any other entity when instructed by the mayor.
The position holder shall consult with the mayor daily on any matter deemed necessary and/or appropriate by the mayor, offering best advice when directed and after due consideration of same.
The AG concluded that “the Chief of Staff position is not an employee of the police department and does not qualify as a department head under Gonzales City Code…the Chief of Staff does not supervise or exercise any oversight over any municipal department. Rather, the Chief of Staff is a general municipal employee, and therefore, his or her appointment is not subject to the board of aldermen’s approval.”
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