Editor's note: This article was updated on August 4, 2026, to include the full text of HB 1038, additional context on the marshal's office duties, and clarifications on the scope of Ward 3's jurisdiction and the origin of the proposed ordinance language.

Port Allen, La. — A new state law will sharply limit what the Ward 3 City Marshal can do outside the courtroom unless the Port Allen City Council votes to preserve his authority. Ward 3 includes the Port Allen city limits and surrounding areas. Marshal Sonny Massey presented a proposed ordinance to the council's Public Safety Committee on July 30 to begin that process.

Massey presented a proposed ordinance to the Public Safety Committee on July 30 asking the council to formally authorize his office's law enforcement operations in Ward 3. The request is driven by House Bill 1038, signed into law on June 9 by Gov. Jeff Landry, which requires marshals across Louisiana to get approval from their local governing authority to continue exercising police powers.

Without that approval, marshals in smaller jurisdictions like Port Allen will be limited to courtroom functions only starting January 1, 2027.

"If the governing authority does not approve that marshal to have that authority — the police power — he could not make an arrest but in the courtroom," said Fernest Martin, the Jeanerette city marshal who serves as national president of the National Constables and Marshals Association.

Why the law changed

Martin said the legislation was triggered by a dispute between a marshal and a mayor in another Louisiana city.

"You had a local marshal who pretty much didn't want to answer to the mayor," Martin said. "The mayor was like, we're paying all the insurance on this vehicle, and you want to tell me that I can't tell you nothing because you have the same power as the sheriff. Well, guess what — they went after him, but instead, they were coming after everybody."

The original bill would have reduced all marshals to process servers, Martin said. The association worked with the bill's sponsors, Reps. Chad Boyer and Bryan Fontenot, to negotiate a compromise: marshals who want to keep their police powers must get their governing authority to authorize it through a local ordinance.

What the ordinance would do

The proposed ordinance would formally authorize the marshal's office to make arrests, issue traffic and criminal citations, conduct traffic enforcement, execute warrants and court orders, and assist other law enforcement agencies within Ward 3.

Beyond traffic enforcement, the marshal's office handles courthouse security for Port Allen City Court, serves civil process and eviction notices, executes warrants, and provides law enforcement support at parades, funeral escorts, and community events.

In an interview on July 31, Massey said he modified a template provided by the Marshals Association to fit Port Allen. The association's attorneys drafted the language, he said.

"I think it should be in some type of working agreement, but they want an ordinance," Massey said. "So, until then, I'm doing what I'm told to do."

The original template included a provision requiring a two-thirds vote of the council to amend or repeal the ordinance. The city attorney flagged the clause after the committee meeting. Massey said it will be removed, and the revised version will require only a simple majority. Martin confirmed the supermajority language came from the association's attorneys as part of the standard template, not from Massey.

Ticket writing draws questions

While the law requires council action to preserve the marshal's basic police powers, the ordinance as written would also authorize traffic ticket writing, which has drawn questions from residents and council members.

Councilwoman Charlene Gordon said she would rather the Port Allen Police Department handle ticket writing, with the marshal's office focused on courthouse security, warrants, and subpoenas.

"I didn't know that y'all was doing ticket right until a lot of people was complaining about they was getting tickets," Gordon said at the July 30 committee meeting. "I'd rather you all to let them handle that part of writing tickets."

Massey told the committee his office depends on ticket revenue to operate.

"We depend on the tickets as well to fund our organization and, you know, make city court operate," he said.

In the July 31 interview, Massey said his office writes 300 to 400 tickets per month. One full-time employee, Jason Fontenot, writes tickets as his sole duty. Two part-time employees also write tickets at various times. The office receives about $30 per ticket, putting the annual ticket revenue in the range of $108,000 to $144,000.

"I've minimized my department, minimized my ticket writing as much as possible, you know, while keeping the office afloat," Massey said.

The ticket-writing program is not new. Massey said it was started roughly 18 to 20 years ago when then-Sheriff Mike Cazes began having deputies work secondary employment for the marshal's office. Former Marshal Mike Zito continued the program.

That arrangement ended in October 2025, when West Baton Rouge Sheriff Jeff Bergeron suspended all deputies from working secondary employment with the marshal's office after a WAFB investigation found that a deputy working for the marshal had been citing drivers for tint violations that were legal under Louisiana law. Massey offered refunds to improperly ticketed drivers at the time.

Bergeron's policy remains in place. Massey said no sheriff's deputies currently work for his office.

Financial picture

Annual financial reports filed with the Louisiana Legislative Auditor show the marshal's office has stabilized financially under Massey.

When Massey took office in October 2023, the office was running a deficit. In fiscal year 2023, the office spent $340,618 against $288,871 in revenue, a shortfall of $51,747.

By fiscal year 2025, total revenue had grown to $731,522 and expenditures were $616,413, producing a surplus of $115,109. The office reported a fund balance of $1,270,865 at year's end.

The FY 2025 audit included one finding: actual expenditures exceeded the approved budget by 9 percent, a violation of the Local Government Budget Act. In the management response, Massey wrote that he is "in the process of increasing our revenue from funding from the West Baton Rouge Parish Council."

Louisiana eliminated vehicle inspection stickers effective June 30, 2026, removing a common citation that generated revenue for law enforcement agencies. Massey said the change would not significantly affect his operations, pointing to speeding enforcement on the interstate and moving violations as areas his office would continue to focus on.

What's next

The council did not take formal action on the ordinance at the July 30 committee meeting. Massey said a revised version removing the supermajority clause will be submitted.

Under HB 1038, the council's decision will determine the scope of the marshal's authority going forward. The council could authorize the full range of law enforcement functions Massey has requested, limit the office to specific duties, or decline to act, which would reduce the marshal to courtroom functions only when the law takes effect January 1, 2027.

The next regular Port Allen City Council meeting is scheduled for August 12, 2026.

HB 1038 was authored by Reps. Chad Boyer (R) and Bryan Fontenot (R). It was signed into law on June 9, 2026, and takes effect January 1, 2027. The full enrolled text is available at legis.la.gov.