FILE: ABC
BOARD MEMBERS LEGAL STATUS
The legal status of each duly appointed or elected member of the St. Martin Parish School Board is that of a public official who cannot be removed from his/her office except as provided by state law. The legal obligations pursuant to each Board member shall not commence until he/she has been duly elected or appointed and officially taken office. His/her official capacity as a Board member shall continue until his/her resignation or removal from office and/or his/her successor has taken office as required by law.
Such status does not authorize said member to act for or bind the Board individually. The powers and duties vested in the School Board shall only be exercised by action of the Board as a whole at duly called and organized meetings. In this respect, no motion or resolution shall be declared adopted without the concurrence of a simple majority of the Board present and voting, unless otherwise stipulated by Board policy or state law.
Ref: Constitution of Louisiana, Art. VIII, Sec. 9
La. Rev. Stat. Ann. §§17:51, 17:52, 17:81
Wood v. Strickland, 95 S.Ct. 992 (1975)
Monell v. Department of Social Services of New York, 98 S.Ct. 2018, 2035-36 (1978)
Owen v. City of Independence, Mo., 98 S.Ct. 3318 (1978)
Harlow v. Fitzgerald, 1102 S. Ct. 2727 (1982)
St. Martin Parish School Board