Answer

The fire district, as a political subdivision, and its board members are subject to the requirements of R.S. 42:341, et seq., concerning mandatory sexual harassment policies, training, and mandatory reporting. To the degree that the volunteer firemen meet the definition of “public employee” under R.S. 42:341(5), they will also be required to comply with the annual training requirements in R.S. 42:343. R.S. 42:341(5) states: (5) “Public employee” means anyone who is: (a) An administrative officer or official of a governmental entity who is not filling an elective office. (b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order. (c) Employed by an agency, officer, or official of a governmental entity. If the volunteers are considered appointed or employed by the District, they would appear to meet the definition of a “public employee” for the purposes of R.S. 42:341, et seq. and thereby required to receive annual training. Even if the volunteer firemen do not meet the definition of “public employee,” the District’s Board may still require the volunteers to take the annual training in order to mitigate its potential liability. Prior to exempting the volunteer firemen from the mandatory annual training, the District may want to seek an AG opinion. Louisiana Legislative Auditor website: 06/18/2025 11:56:16 PM