AG OPINIONS RELATED TO PARISH GOVERNMENT

 

Last updated: 5-14-2012

Atty Gen Opinion

 

#12-0050 (Dual Office Holding)
The provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., do not prohibit one from holding the part-time appointive office of member of the board of commissioners governing the St. Tammany Parish Hospital Service District No. 1 from at the same time holding the elective office of mayor of the Town of Abita Springs.
Date Released: 05/08/2012

#12-0051 (Dual Office Holding)
A deputy sheriff working full-time for the East Carroll Parish Sheriff's Office is prohibited by state law governing dual officeholding from also holding at the same time the elective office of alderman for the Town of Lake Providence.
 Date Released: 05/08/2012

#12-0054(Public Funds and Contracts)
Tangipahoa Parish Communications District Number 1 (“District”) has the legal authority to purchase portable radios. Further, although bearing the same name, a completely private non-profit corporation should have no connection with or control over the District. 
Date Released: 05/08/2012

 

# 12-0012---TAXATION- Occupational License Tax 

 The Plaquemines Parish Government has the authority to impose an occupational license tax on any person conducting any business within the territorial jurisdiction of the Plaquemines Parish Government.  This authority would extend to both branch and independent insurance agents or brokers.

 

#11-0146---Laws- Code of Ethics

64-2 Louisiana Administrative Procedure Act

The Louisiana Board of Ethics has authority to approve and perfect a binding consent opinion with a person who has allegedly violated laws under the jurisdiction of the Board of Ethics, and has the authority to sign that consent opinion without the concurrence of the Ethics Adjudicatory Board.
 Date Released: 05/01/2012

 

#12-0065---PUBLIC FUNDS & CONTRACTS
La. R.S. 38:2212(A)(1)(b)(ii)(bb) gives the low bidder ten days after the bid opening to comply with the requirement to furnish the affidavit required by La. R.S. 38:2212.10(C).
Date Released: 05/01/2012


#12-0048---Public Funds and Contracts
School boards must comply with the requirements of both La. R.S. 39:1305(C)(2)(a) and (b). (see law below, emphasis added)
Date Released: 05/01/2012 

 39§1305.  Budget preparation

 

A.  Each political subdivision shall cause to be prepared a comprehensive budget presenting a complete financial plan for each fiscal year for the general fund and each special revenue fund.

 

B.  The chief executive or administrative officer of the political subdivision or, in the absence of such positions, the equivalent thereof shall prepare the proposed budget.

 

C.  The budget document setting forth the proposed financial plan for the general fund and each special revenue fund shall include the following:

 

(1)  A budget message signed by the budget preparer which shall include a summary description of the proposed financial plan, policies, and objectives, assumptions, budgetary basis, and a discussion of the most important features.

 

(2)(a)  A statement for the general fund and each special revenue fund showing the estimated fund balances at the beginning of the year; estimates of all receipts and revenues to be received; revenues itemized by source; recommended expenditures itemized by agency, department, function, and character; other financing sources and uses by source and use; and the estimated fund balance at the end of the fiscal year.  Such statements shall also include a clearly presented side-by-side detailed comparison of such information for the current year, including the fund balances at the beginning of the year, year-to-date actual receipts and revenues received and estimates of all receipts and revenues to be received the remainder of the year; estimated and actual revenues itemized by source; year-to-date actual expenditures and estimates of all expenditures to be made the remainder of the year itemized by agency, department, function, and character; other financing sources and uses by source and use, both year-to-date actual and estimates for the remainder of the year; the year-to-date actual and estimated fund balances as of the end of the fiscal year; and the percentage change for each item of information.

 

(b)  School boards shall itemize revenues and expenditures in accordance with guidance provided by the state Department of Education.

 

(c)  If, upon the request of the governing authority, the political subdivision fails to submit its budget document showing the information concerning revenue sources as mandated by this Subsection, the governing authority shall not appropriate any general funds to such political subdivision.

 

D.  A budget proposed for consideration by the governing authority shall be accompanied by a proposed budget adoption instrument.  The budget adoption instrument for independently elected parish offices shall consist of a letter from the independently elected official authorizing the implementation of the adopted budget.  The budget adoption instrument for any municipality, parish, school board, or special district shall be an appropriation ordinance, adoption resolution, or other legal instrument necessary to adopt and implement the budget document.  The adoption instrument shall define the authority of the chief executive and administrative officers of the political subdivision to make changes within various budget classifications without approval by the governing authority, as well as those powers reserved solely to the governing authority.

 

E.  The total of proposed expenditures shall not exceed the total of estimated funds available for the ensuing fiscal year.

 

Added by Acts 1980, No. 504, §1, eff. Sept. 1, 1980.  Acts 1984, No. 186, §2; Acts 1999, No. 775, §2, eff. July 2, 1999; Acts 2001, No. 810, §1, eff. June 26, 2001; Acts 2001, No. 965, §1, eff. June 27, 2001; Acts 2010, No. 966, §1, eff. Jan. 1, 2011.

#11-0197 (Home Rule Charter---Fees)
Plaquemines Parish Government is authorized to approve a revenue line item by parish ordinance thereby amending its budget to appropriate funding to the Misdemeanor Probation Department if the parish government satisfies the requirements of its Charter for Self-Government and complies with the Louisiana Local Government Budget Act. The Louisiana Legislative Auditor would provide the best guidance on how to properly manage any surplus funds. According to the Plaquemines Parish Charter, balances of the Parish’s funds with the exception of sinking funds, reserve funds, or other dedicated funds not yet retired, may be transferred by the Parish Council to the general fund of the Parish, unless otherwise prohibited by law.
Date Released: 04/10/2012


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#11-0258A (Municipalities---Special Charters)
The City of Jeanerette operates under a Lawrason Act form of government. Accordingly, La. Atty. Gen. Op. 11-0258 is recalled to the extent the opinion concludes that the City operates under a special legislative charter.
Date Released: 04/10/2012


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#12-0039 (Home Rule Charters--Powers)
The Parish President has the legal authority to sign checks on behalf of Livingston Parish. Neither the Finance Director, who has not been confirmed by the Livingston Parish Council, nor the Chairman of the Finance Committee of the Council, has the authority to sign checks on behalf of Livingston Parish.
Date Released: 04/10/2012

 #11-0224 (Labor Laws---Military Dept)
Pursuant to La. R.S. 42:394, the City of Sulphur as a public employer is required to grant fifteen days of paid military leave to a City employee who voluntarily enlisted for a minimum of three years in the National Guard.
Date Released: 04/04/2012


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#11-0266 (Criminal Ct Fund--Judges)
Considering the plain language of La. R.S. 39:1302(1)(k) and the lack of an express budgetary requirement in La. R.S. 15:571.11, it is the opinion of this office that the Budget Act does not apply to the Twenty-First Judicial District’s criminal court fund.
Date Released: 04/04/2012


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#12-0017 (Police Juries--Board Term)
Town of Grand Isle is authorized to issue utilities permits requested by a less than all of the property owners of a property owned in indivision; however, the Applicant needs to demonstrate compliance with all parish regulations.
Date Released: 04/04/2012

 #11-0186
The Consolidated Gravity Drainage District # 1 of Tangipahoa Parish is authorized by La. R.S. 33:5151 to pay insurance premiums for its commissioners and may elect to make an employer contribution to a commissioner’s eligible IRC § 457 Plan; however, these benefits must be included when calculating the commissioners’ total compensation, which cannot exceed $500 per month according to La. R.S. 38:1794(B)(3)(b)(i).
Date Released: 03/22/2012

http://www.ag.state.la.us/images/imgSpacer.gif#11-0275
Agenda items on a meeting notice of a public body must be reasonably clear so as to advise the public in general terms of the subjects which will be discussed. A council member serving as mayor pro tempore does not lose his or her ability to vote, and may cast votes for or against items on the agenda. Further, the mayor pro tempore may make or second a motion on the agenda. A quorum exists in a municipality of five council members when three members are in attendance, with one serving as the mayor pro tempore. Finally, two-thirds of a five member council is four members.
Date Released: 03/19/2012

#11-0230 (Taxation)
A municipality can seek to have its voters rededicate unencumbered accumulated and future sales and use tax proceeds for a purpose different from that for which the tax was originally approved; provided, however, that such an election is first approved by the State Bond Commission in accordance with La. R.S. 39:1410.61.
Date Released: 03/12/2012


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#11-0238
Private investor owned utility companies do not have the legal authority or obligation to enforce section D108 of the State Plumbing Code. However, they do have a duty to implement the containment practices in D106 of the Plumbing Code. Cities, on the other hand, can designate a plumbing official to enforce the State Plumbing Code on their behalf.
Date Released: 03/12/2012


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#11-0239 (Leases, Levees and Drainage Districts, Public Funds)
La. R.S. 56:703 authorizes the Red River, Atchafalaya, and Bayou Boeuf Levee District to lease its public lands to the United States of America for operation as a wildlife refuge. Any determination of the validity of such a lease, with regard to La. Const. Art. VII, § 14 and the receipt of fair market value, must consider all of the obligations assumed by the lessee, including the specific stated rental amount, any costs and expenses associated with the management, maintenance, and operation of the Refuge, and the value of any public benefits created by the existence of the Refuge.
Date Released: 03/12/2012


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#11-0244 (Fire Protection District)
A fire protection district may continue to levy a parcel fee, for the remainder of the period for which such fee was authorized, on property that is located within the boundaries of such fire district and has been recently annexed by a municipality.
Date Released: 03/12/2012


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#11-0279
The RSD has the right to use school buildings, facilities and property otherwise part of the school transferred to its jurisdiction, and the RSD is responsible for and obligated to maintain the property in as good an order as when the right of use was acquired by the district.
Date Released: 03/13/2012


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#12-0010
Under the St. James Home Rule Charter, the position of Chief Administrative Officer is a parish “department, agency, or office.” Thus, the position may only be created by an affirmative vote of two-thirds of the entire Council, and the appointment of the Chief Administrative Officer must be approved by a resolution adopted by a majority vote of the entire Council.
Date Released: 03/13/2012


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#12-0011 (Public Funds and Contracts)
La. R.S. 13:4521(A)(1) exempts Franklin Parish Hospital Service District No. 1, a political subdivision of the state, from paying advance court costs to file collection lawsuits and the Winnsboro City Court cannot require the court costs be paid. It is further the opinion of this office that Franklin Parish Hospital Service District No. 1 may not, through a cooperative endeavor agreement or otherwise, voluntarily pay such costs without violating La. Const. art. VII, Sec. 14.
Date Released: 03/12/2012


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#12-0015
The volunteer and unpaid Assistant Fire Chief of the Richard Volunteer Fire Department may also serve as a member of the Acadia Parish Fire Protection District #1.
Date Released: 03/13/2012


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#12-0020
La. R.S. 38:219 generally prohibits the obstruction of drainage canals. However, Levee and Drainage Districts may grant exceptions due to their statutory authority over drainage and outflow canals.
Date Released: 03/13/2012


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#12-0027
A police juror who was appointed to a member of the Board of Commissioners of the Pointe Coupee Parish Health Services District Number One may serve the remainder of his term with the Board, despite the fact that his term on the Pointe Coupee Parish Police Jury expired and he did not seek re-election.
Date Released: 03/13/2012
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#11-0280
A municipality lacks the authority to provide water services to customers of an existing federally ndebted waterworks district without the consent of the district.
Date Released: 03/07/2012
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#12-0011 (Public Funds and Contracts)

La. R.S. 13:4521(A)(1) exempts Franklin Parish Hospital Service District No. 1, a political subdivision of the state, from paying advance court costs to file collection lawsuits and the Winnsboro City Court cannot require the court costs be paid. It is further the opinion of this office that Franklin Parish Hospital Service District No. 1 may not, through a cooperative endeavor agreement or otherwise, voluntarily pay such costs without violating La. Const. art. VII, Sec. 14. (Hunter)

Op to Mr. Blake Kramer, Administrator, Franklin Medical Center, Winnsboro, LA

Date Released: March 5, 2012

 

#11-0111 (Education, Health and Public Welfare)

Chief administrators of schools, whether public or private, are mandated to submit student immunization compliance reports, electronically, when an existing student specific electronic data system is operated by the school. The Department of Health and Hospitals is authorized to establish immunization registries, such as the Louisiana Immunization Network for Kids Statewide System, for the purpose of improving immunization rates of the state’s children. Parents can prevent their child’s immunization records from being submitted to an immunization registry or may have

their child’s immunization records purged from an immunization registry. (Freel)

Op to Honorable John F. LaBruzzo, State Representative, District 81, Metairie, LA

Date Released: March 6, 2012

 

#11-0239 (Leases, Levees and Drainage Districts, Public funds)

La. R.S. 56:703 authorizes the Red River, Atchafalaya, and Bayou Boeuf Levee District to lease its public lands to the United States of America for operation as a wildlife refuge. Any determination of the validity of such a lease, with regard to La. Const. Art.

VII, § 14 and the receipt of fair market value, must consider all of the obligations assumed by the lessee, including the specific stated rental amount, any costs and expenses associated with the management, maintenance, and operation of the Refuge, and the value of any public benefits created by the existence of the Refuge. (Henry)

Op to Mr. Carlos Polotzola, President, Red River, Atchafalaya, & Bayou Boeuf Levee

District, Alexandria, LA

Date Released: March 6, 2012

 

#12-0010 (Municipal Officers)

Under the St. James Home Rule Charter, the Chief Administrative Officer position is a parish “department, agency, or office.” Thus, the position may only be created by an affirmative vote of two-thirds of the entire Council and the appointment of the CAO

must be approved by a resolution adopted by a majority vote of the entire Council. (Day)

Op to Honorable Ricky L. Babin, 23rd Judicial District Attorney, Convent, LA

Date Released: March 6, 2012

 

#12-0027 (Police Juries)

A police juror who was appointed to a member of the Board of Commissioners of the Pointe Coupee Parish Health Services District Number One may serve the remainder of his term with the Board, despite the fact that his term on the Pointe Coupee Parish Police Jury expired and he did not seek re-election. (Boyce)

Op to Mr. John Wayne Jewell, Assistant District Attorney, Eighteenth Judicial District,

New Roads, LA

Date Released: March 6, 2012

 

#11-0279 (Education, Schools and School Districts)

The RSD has the right to use school buildings, facilities and property otherwise part of the school transferred to its jurisdiction, and the RSD is responsible for and obligated to maintain the property in as good an order as when the right of use was acquired by the district. (McGimsey)

Op to Honorable Patricia Haynes Smith, State Representative, District 67, Baton

Rouge, LA

Date Released: March 7, 2012

 

#12-0015 (Dual Office Holding)

The volunteer and unpaid Assistant Fire Chief of the Richard Volunteer Fire Department may also serve as a member of the Acadia Parish Fire Protection District #1. (Kilpatrick)

Op to Mr. Dwayne Thevis, Fire Chief, Richard Volunteer Fire Department, Church Point,

LA

Date Released: March 7, 2012

 

#12-0020 (Levees, Drainage Districts, and Flood Control)

La. R.S. 38:219 generally prohibits the obstruction of drainage canals. However, Levee and Drainage Districts may grant exceptions due to their statutory authority over drainage and outflow canals. (Jones)

Op to Mr. T. Robert Lacour, General Counsel, Southeast Louisiana Flood Protection

Authority-East, Kenner, LA

Date Released: March 7, 2012

 

#11-0187
City is not prohibited from extending the time period to allow individuals to pay utility bills which are abnormally high due to inadvertent non-reading or mis-reading of utility meters by City as long as the extended time is reasonable and the bill is paid in full. Granting such an extension by the City does not amount to a gratuitous alienation of public funds and/or property.
Date Released: 02/15/2012


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#11-0218
Under La. R.S. 42:1414, the Town of Ball must terminate the employment of an employee who pled guilty to a felony that was committed during his employment. Although no state law mandates the termination of an employee who pled guilty to a misdemeanor committed during the course and scope of his employment with the Town, the employee may still be terminated in accordance with other applicable laws, local ordinances, and civil service rules, after considering all of the facts and circumstances surrounding the offense and its relation to the nature of the employee’s job.
Date Released: 02/15/2012
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#11-0272
La. R.S. 33:2564(A)(5), applicable to fire and police civil service systems in municipalities with populations between 7,000 and 13,000 and to parishes and fire protection districts, prohibits a person elected to public office from at the same time holding any position in the classified fire and police service while serving in the elective office.
Date Released: 02/15/2012
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#11-0283
The Lafourche Parish Sheriff’s Office is authorized by La. R.S. 13:5522(B) to spend money from the sheriff’s salary fund for the youth service program set forth in the proposed MOU so long as (i) the money spent does not exceed the ten percent of the annual revenue of the sheriff’s salary fund or create a deficit in the sheriff’s salary fund, and (ii) the Lafourche Parish Sheriff’s Office is able to show that it has a demonstrable, objective and reasonable expectation of receiving a value or benefit that is commensurate with the amount of money expended.
Date Released: 02/15/2012
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#12-0001
A member of the board governing the West Grant Water Association, a nonprofit organization, is not prohibited by the state dual officeholding laws from holding elective office as a member of the West Grant Parish Police Jury.
Date Released: 02/15/2012
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#12-0014
While La. R.S. 33:385(C) prohibits a member of the board of aldermen governed by the Lawrason Act from holding any other office or employment, Section 2 of Act 836 of the 1997 Louisiana Regular Legislative Session permitted an alderman holding the appointed office of town clerk on the effective date of Act 836 to continue to serve in the capacity of town clerk.
Date Released: 02/15/2012
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#11-0156
Under La. R.S. 17:1990(C)(2), the state Department of Education shall calculate the amount of monies to be allocated and transferred from the Orleans Parish School Board to the Recovery School District using the most recent local revenue data and projected student counts available. Allocations to be transferred shall be adjusted during the year as necessary to reflect actual student counts and actual prior year local revenue collections.
Date Released: 01/30/2012
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#11-0183
Absent specific statutory authority, it is not permissible for the Town of Grand Isle’s board of aldermen to pass an ordinance allowing the Town to add delinquent utility bills to a property owner’s ad valorem tax bill.
Date Released: 01/30/2012
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#11-0200
Unless there is a provision included in a servitude indicating otherwise, La. R.S. 38:301 authorizes West Baton Rouge Parish to construct bicycle paths or walkways for the Brusly Landing Recreation Trails and Promenade project within the existing Mississippi River servitude without obtaining a new servitude for such construction. Further, La. R.S. 38:301(E) precludes liability for private owners and/or political subdivisions for any personal injury, property damage, or other loss which occurs while a person enters onto such property for recreational purposes relating to the construction or use of bicycle paths or of walkways constructed pursuant to La. R.S. 38:301.
Date Released: 01/30/2012
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#11-0211
The determination as to whether a property owner’s homestead exemption should be removed while he is incarcerated must be made in light of all the facts and circumstances. The length of time an owner is away from his homestead is but one factor to be considered when determining whether a homestead is occupied for purposes of La. Const. art. VII, §20(A)(2).
Date Released: 01/30/2012
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#11-0217
The Evangeline Parish Police Jury may sell a 1.43 acre tract of land provided it is no longer needed for public purposes and the sale procedures of La. Rev. Stat. 33:4711 are followed. However, if the property to be sold is located within a designated industrial area as set forth in La. Rev. Stat. 33:130.11, then any facility located within the industrial area must also be industrial in character or reasonably related thereto.
Date Released: 01/30/2012
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#11-0221
The accumulated proceeds of an ad valorem tax, levied by the East Cameron Port, Harbor and Terminal District can only be used, pursuant to a cooperative endeavor, for operations and improvements to infrastructure located within the West Cameron Port, Harbor and Terminal District.
Date Released: 01/30/2012
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#11-0229
Annexing new territory and/or increasing the corporate limits of a municipality pursuant to La. R.S. 33:151 et seq., and La. R.S. 33:171 et seq, require that the area to be annexed or included within the new corporate limits be defined with specificity. If property is not specifically included in the original description of the newly incorporated or annexed area, it can not be considered part of the incorporated municipality.
Date Released: 01/30/2012
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#11-0232
Given the plain language of La. Rev. Stat. 34:1602 (D), the Twin Parish Port Commission has the requisite authority to hire a Port Director.
Date Released: 01/30/2012
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#11-0233
If an assessor determines that a taxpayer fraudulently claimed a homestead exemption, then he must seek back taxes under La. R.S. 47:1966(A) for the current tax year and back taxes for up to three prior tax years. Additionally, the district attorney may prosecute the taxpayer under La. R.S. 47:1703(C) or La. R.S. 47:1703.1(B), as appropriate.
Date Released: 01/30/2012
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#11-0245
The responsibility to reimburse the sheriff for service of the petit juror summons rests with the parish government. Pursuant to R.S. 33:1428, the sheriff may be reimbursed in an amount not to exceed twenty dollars ($20.00) for service of petit juror summons. Expenses of the criminal court system include the sheriff’s costs for service of petit juror summons, and therefore, pursuant to R.S. 15:571.11, the Second Judicial District Criminal Court Fund account may be used to reimburse the sheriff for such service costs upon motion of the district attorney and an approval order of the district court.
Date Released: 01/30/2012
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#11-0251
Provided fair market value is received, the Authority is authorized to grant rights-of-way or servitudes over the Airport’s property pursuant to La. R.S. 2:341, et seq.
Date Released: 01/30/2012
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#11-0264
The Town of Bogalusa may not provide water and sewer services to the Bogalusa Housing Authority free of charge as the same would be tantamount to a prohibited donation of public funds and/or resources.
Date Released: 01/30/2012
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#11-0065
La. C.Cr.P. art. 228 establishes the process for booking an individual in a parish jail. An individual may be presented to a sheriff for booking into a parish jail, but the sheriff, as the keeper of the jail, has the authority to either book the individual into the jail or issue a misdemeanor summons pursuant to La. C.Cr.P. art. 211. Where municipal officers present an individual for booking in the parish jail by submitting probable cause affidavits and a booking slip, the sheriff has the authority to refuse to book the individual into the parish jail and instead, issue the individual a misdemeanor summons.
Date Released: 02/08/2012


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#11-0262
A hospital service district may not extend services beyond its boundaries into another hospital service district without an agreement between the districts.
Date Released: 02/08/2012
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#11-0049A (Port Authority--Powers to create)
Opinion 11-0049 does not address the authority, vel non, of the Greater Lafourche Port Commission to create a police department in furtherance of its internal organization.
Date Released: 01/24/2012

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#11-0204 (Dual Office Holding)
Person holding state employment with the Department of Culture, Recreation and Tourism is prohibited by the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., from at the same time holding the elective office of school board member.
Date Released: 01/24/2012

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#11-0240 (Dual Office Holding)
Under La. R.S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Law, a full-time deputy clerk of court may not also hold elective office as a justice of the peace.
Date Released: 01/24/2012

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#11-0254 (Dual Office Holding)
Provided the Recreation and Park Commission for the Parish of East Baton is able to adequately demonstrate that it has a reasonable expectation of receiving a benefit or value at least equivalent to the amount expended in constructing the gymnasium, the proposed Cooperative Endeavor Agreement between the parties is authorized by law.
Date Released: 01/26/2012

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#11-0259 (Separation of Powers)
The Executive Branch may not prevent the City Council from directly communicating with administration employees as long as the communication does not constitute efforts to supervise, direct or manage municipal administrative officers and employees which is prohibited by the Slidell Home Rule Charter.
Date Released: 01/24/2012

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#11-0267 (Public Meetings--Quorum)
Members of the Commission who are not members of a subcommittee of the Commission may attend subcommittee meetings and participate in their capacity as citizens, but such participation must be limited to providing comment as is available to any other member of the public, as described by La. R.S. 42:14(D). However, as a cautionary measure, whenever it is likely that a quorum of the Commission will attend a subcommittee meeting, we recommend that the posted notice of the subcommittee meetings include a statement providing that it is possible that a quorum of the Commission may be in attendance at such meeting, but that no action of the Commission as a whole will be taken.
Date Released: 01/24/2012
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#11-0162
La. R.S. 33:4711.1 authorizes the Terrebonne Parish Sheriff’s Office to sell surplus movable property by internet auction. The sale must be for a price that is commensurate to the value of the surplus property.
Date Released: 01/06/2012

#11-0033
Pursuant to R.S. 42:1441.2, coroners are required to obtain general liability insurance for themselves and their employees, and as a legally necessary expense, the parish is financially responsible for paying the costs of the coroner’s office’s general liability insurance per R.S. 33:1556(B)(1). Coroners are not required to have medical malpractice insurance because they do not engage in physician-client relationships. The governing authority for a parish should defend a coroner and his/her staff under the theory of respondeat superior, and indemnify them if judgments are rendered against them.
Date Released: 01/10/2012

#11-0118
The provisions of state law governing dual public employment prohibit one from holding at the same time two positions of full-time employment, but do not prohibit the holding where one position is held on a part-time basis. Thus, a person holding a non-classified position of full-time employment with the Orleans Parish Coroner’s Office is not prohibited by law from at the same time holding a nonclassified position of part-time employment with the St. Charles Parish Coroner’s Office.
Date Released: 01/10/2012

#11-0222
Under the fact pattern presented by the assessor, a formerly married couple both may qualify for the full amount of the homestead exemption provided that they actually own and occupy their respective residences.
Date Released: 01/10/2012

#11-0241
Provided the Town of Amite is able to determine and ensure that the benefit received is at least equivalent to the proposed expenditure, we are of the opinion that the proposed expenditure by the Town to provide funding to purchase and renovate a building to house a museum and cultural center is allowed by law.
Date Released: 01/10/2012

#11-0242
The severance pay clause in the employment contract between the Lower Mississippi River Port Wide Strategic Security Council and its Executive Director is prohibited by Louisiana law. Such a payment upon termination of the Executive Director would amount to a prohibited donation of public funds in violation of Article VII, Section 14.
Date Released: 01/10/2012

#11-0263
As fiduciaries, the board of trustees for MERS has an obligation to make decisions in the best interest of its members and for the exclusive benefit of its members and beneficiaries. The fiduciary obligation of the system’s trustees over the funds would, in general, require the board of trustees to pursue recovery of an overpayment of benefits.
Date Released: 01/10/2012

#11-0210
When the Assessor does not possess records in the particular format requested, the Public Records Act does not require the Assessor to obtain the information in the format demanded by the requestor. If the Assessor provides access to an electronic version of the records requested, he should not be required to incur additional costs to make the record available in an alternative electronic format.
Date Released: 12/21/2011

#11-0228
Pursuant to the Local Government Budget Act and, specifically La. R.S. 33:1305, the mayor of a Lawrason Act municipality may only spend general and special revenue funds that have been approved by the Board of Aldermen, but such spending limitations do not apply to discretionary enterprise funds. The Board of Aldermen lacks the authority to pass an ordinance that requires the mayor obtain Board approval for the spending of enterprise funds above two thousand dollars but may pass an ordinance requiring the mayor to submit a budget for use of the municipality’s enterprise funds.
Date Released: 12/21/2011

#11-0236
In general, sign-in sheets created at Town Hall Meetings are not “public records” as defined by the Public Records Act when there is no indication that the information on the sign-in sheet is gathered by a council member in the performance of his or her official duties.
Date Released: 12/21/2011

#11-0247
La. R.S. 27:14(A) contains a prohibition against a public employee serving as a member of the Louisiana Gaming Control Board. Because a deputy sheriff holds an appointive public office, he/she should be considered to hold a form of public employment and he/she may not serve as a member of the Louisiana Gaming Control Board while still holding that office as a deputy sheriff.
Date Released: 12/21/2011

#11-0249
Reimbursement for services performed by a volunteer firefighter is permissible as long as such payments are nominal.
Date Released: 12/21/2011

#11-0253
State law governing gravity drainage district boards does not prohibit a member of such a board from at the same time holding employment with a separate gravity drainage district board.
Date Released: 12/21/2011

#11-0256
The Kenner Home Rule Charter expressly gives the Mayor control over non-elected personnel. An ordinance that restricts nonclassified employees from participating in politics is beyond the authority of the City Council. A trier of fact must determine if the facts of a particular situation warrant the imposition of liability on a public official. Further, it is the policy of this office not to render opinions on the civil liability of state officials, whether in their official or individual capacity.
Date Released: 12/21/2011

#11-0090
La. C.Cr.P. art. 345(D) requires a commercial surety to pay reasonable costs associated with the transport (extradition) of a defendant who is located in another parish or foreign jurisdiction.
Date Released: 12/27/2011

#11-0235
The Terrebonne Parish Consolidated Waterworks District No. 1 may accomplish a waterline crossing of railroad property by way of the acquisition of a servitude of passage from the property owner or may expropriate the necessary property to accomplish the waterline crossing, subject to the requirements of La. R.S. 19:1, et seq., and subject to compensation determined by a court.
Date Released: 12/27/2011

#11-0258
A conflict exists between the provisions of the special legislative charter of the City of Jeanerette and the Lawrason Act, La. R.S. 33:321, et seq., relative to the removal of the City’s appointed chief of police. La. R.S. 33:481 directs that in such circumstances the provisions of the special legislative charter of the City of Jeanerette govern. Pursuant to those charter provisions, removal authority is vested in the City’s board of aldermen.
Date Released: 12/27/2011

 

#11-0026
The District No. 4 Public Works Commission of St. Landry Parish may sell its surplus movable property at a public auction conducted pursuant to La. Rev. Stat. 49:125, through an Internet computer auction pursuant to La. Rev. Stat. 33:4711.1, or at a public sale under La. Rev. Stat. 33.4712(F) if the property to be sold is appraised at less than $5,000.
Date Released: 12/13/2011
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#11-0048
Under the statutes and regulations governing the practice of engineering, a licensed engineer is authorized to practice in all disciplines in which the engineer may be competent and qualified by education or experience, and his or her practice is not limited to the particular discipline in which the engineer is listed with the Louisiana Professional Engineering and Land Surveying Board. In the absence of a formally promulgated rule, the fire marshal has no authority to require that an engineer be listed in a particular discipline, or use a discipline-specific seal, in order to sign plans and specifications that are submitted to the fire marshal for approval under La. R.S. 40:1574(A) & (B).
Date Released: 12/13/2011
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#11-0104
The Amite River Basin Drainage District and Water Conservation District is not statutorily obligated at this time to place funds in the Post Employment Benefits Trust Fund (the “Trust Fund”). La. R.S. 39:100.113(C)prohibits the legislature from spending the assets of the Trust Fund for any purpose other that those set forth in La. R.S. 39:100.116.
Date Released: 12/13/2011
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#11-0151
An asset is defined as a flood or non-flood asset by virtue of its relatedness to flood protection and depending on the nature of the asset. Asset designation may change based upon the use of the asset. As the Orleans Levee District is the owner of both non-flood and flood assets, its audit should include both flood and non-flood assets. The Southeast Louisiana Flood Protection Authority-East, as the manager of the Orleans Levee District, has the authority to sell either flood or non-flood assets.
Date Released: 12/15/2011
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#11-0214
“Ownership” of human remains is not recognized under Louisiana law. The return of loaned human remains from a State museum to the private loaner would not violate the Native American Graves Protection and Repatriation Act (NAGPRA), nor (pursuant to a permit authorizing the transfer)would it violate the Louisiana Unmarked Human Burial Sites Preservation Act. Even though the State museum is not the owner of the remains, once it undertakes to complete an inventory of the remains under NAGPRA, the museum is required to consult with the affiliated tribes regarding the inventory. However, the State museum, as a nonowner, non-possessor, and non-controller of the human remains is not the proper party to undertake repatriation consultations with affiliated tribes under NAGPRA.
Date Released: 12/13/2011
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#11-0225
Unless the facts related to the Sabine Parish School Board’s possible interest in 3.5 acres of land trigger the applicability of any of the four legal exceptions to the ruling in Stokes v. Harrison, 115 So.2d 373 (La. 1959), it is the opinion of this office that the Board did not retain the mineral rights underlying the 3.25 acres that it sold in 1965.
Date Released: 12/13/2011
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#11-0195
The use of one of the Livingston Parish Library meeting rooms for no fee to urge any elector to vote for or against any candidate would be in violation of La. Const. Art. XI, Sec. 4 and La. R.S. 18:1465(A).
Date Released: 12/05/2011


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#11-0196
A school board is authorized to hire a business manager or chief financial officer. The superintendent, as the instructional leader of the district and chief executive officer, has the primary responsibility for personnel actions of the district, which would include the general supervision of a chief financial officer or business manager.
Date Released: 12/05/2011
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#11-0227
La. R.S. 33:1704 sets forth the applicable fee schedules relevant to the marshals of the city courts enumerated in La. R.S. 13:1883(D). However, the provisions of La. R.S. 13:1883(D) specifically except the marshal of the city court of Shreveport from receipt of those same fees. Further, La. R.S. 13:1881(B) specifically prohibits a city marshal from supplementing or fixing his own salary.
Date Released: 12/05/2011
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#11-0231
A deputy sheriff working full-time for the Iberia Parish Sheriff’s Office is prohibited by state law governing dual officeholding from also holding at the same time the elective office of alderman for the City of Breaux Bridge.
Date Released: 12/05/2011

 

#10-0233
Electronic communication during a public meeting between members of a public body and constituents, staff and/or another member of a public body is not, in and of itself, a violation of the Open Meetings Law. However, the analysis of a potential Open Meetings Law violation is much different when considering electronic communication between a quorum of members of a public body during a public meeting.
Date Released: 11/15/2011
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#11-0108
The use of public funds to repair private alleyways would be a gratuitous donation prohibited by La. Const. Art. VII § 14.
Date Released: 11/18/2011
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#11-0220
In a Lawrason Act municipality, if there is a tie vote by the board of aldermen concerning the adoption or amendment of an ordinance, the mayor cannot cast the tie-breaking vote, as the clear language of La. R.S. 33:406(A)(1) requires the affirmative vote of a majority of the aldermen. If there is a tie vote concerning the adoption of a resolution, and such tie is a result of a member’s abstention, the mayor cannot cast the tie-breaking vote, as this is not an equal division of the members present, but rather an equal division of the members voting. However, if there is a tie vote by the board of aldermen in the vote to adopt a resolution, as determined by an equal division of votes by the members present with no abstentions, consistent with the language of La. R.S. 33:405(A)(1), the mayor casts the deciding vote.
Date Released: 11/16/2011

#10-0261
While La. R.S. 43:111, which prohibits the expenditure of public funds by a state entity for paid advertisements, does not apply to local school boards, such boards are also prohibited from engaging in paid advertising for lack of legal authority. However, School Boards may use public funds to disseminate purely factual and unbiased information related to school board matters.
Date Released: 11/08/2011
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#10-0283
The St. Helena Police Jury (SHPJ), in conjunction with the Fire Chief, has “control over” the North Helena Volunteer Fire Department (NHVFD). The SHPJ has the authority to appoint the Fire Chief. The NHVFD may only become semi-autonomous from the SHPJ by way of contract between the NHVFD and the SHPJ in which the SHPJ grants the NHVFD that autonomy.
Date Released: 11/10/2011
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#11-0126
La. R.S. 3:2501(A) requires Terrebonne Parish Consolidated Government animal control officers to be P.O.S.T. certified in order to exercise police powers and be vested with the authority to arrest, or to issue summons in lieu of arrest, those individuals for violating either parish ordinances or state law relative to animal-related crimes. Further, the Terrebonne Parish ordinance relative to animal cruelty is a valid exercise of the legislative authority granted a home rule charter entity under La. Const. art. VI, § 5(E), and does not conflict with general state law regarding the same offense.
Date Released: 11/08/2011
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#11-0150
The Southeast Flood Protection Authority-East has the legal authority to construct recreational facilities on Orleans Levee District property subject to the management and control of the Non-Flood Protection Asset Management Authority.
Date Released: 11/08/2011
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#11-0184
A candidate for police juror must be actually domiciled for the preceding year in the district he wants to represent. An elected member of the police jury is prohibited from simultaneously holding employment with the sheriff’s office.
Date Released: 11/08/2011
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#11-0203
The Orleans Levee District is the current owner of the Lakefront Airport, but the Airport is subject to the management of the Non-Flood Protection Asset Management Authority. Notwithstanding the 2010 amendments to La. R.S. 38:330.12, this ownership and management structure will not change on January 1, 2012, the effective dates of the amendments, and the management and ownership structure continues to require compliance with existing federal contracts and grants.
Date Released: 11/08/2011
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#11-0223
Individual holding state employment with the Louisiana School for the Deaf and Visually Impaired is prohibited by La. R.S. 39:1498(A)(4) from entering into a professional, personal, consulting, or social services contract with a state agency, where that state employee is not qualified to serve as an interpreter for the deaf, and does not otherwise fall within the exemptions provided by La. R.S. 39:1498.2.
Date Released: 11/08/2011
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#11-0250
Monroe City Charter requires, at a minimum, a six month delay between adoption of an ordinance providing for council district boundaries pursuant to the most recent federal census and the next election of council members. Based on the facts and circumstances presented, the city should schedule the next city council elections for November 6, 2012, but, pursuant to the city charter, the terms of those elected should run concurrent with the term the mayor whose election should be scheduled for March 24, 2012.
Date Released: 11/09/2011

#10-0263
R.S. 28:53.2 does not require coroners to first direct the transportation of potential mental patients subject to OPCs to in-parish emergency treatment facilities for examination and/or treatment before directing them to out-of-parish treatment facilities. There is also no requirement that such patients be transported only to inparish facilities. Federal law, including HIPAA and EMTALA, likewise does not have any such mandates for coroners engaging the OPC procedures. However, as a matter of sound policy and due to the inherent time constraints associated with the OPC process, it would be the recommendation of this office for coroners to direct that individuals subject to OPCs are to be transported to treatment facilities in their home parish and that only under exigent or extraordinary circumstances (e.g., lack of available beds at in-parish treatment facilities) should these individuals be sent to out-of-parish treatment facilities. A treatment facility called upon under the Louisiana Mental Health Law to examine and/or treat a patient under an OPC, a PEC, or a CEC procedure is entitled to recover fees and costs associated with such examinations and treatment from either the patient (or a responsible relative or insurer) or the parish in which the patient is a domiciliary (in the event of indigence or inability of the patient to pay).
Date Released: 10/24/2011
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#11-0202
Leases of sixteenth section school lands must be accomplished in strict compliance with La. R.S. 41:711, et seq., which contains requirements for following the Public Lease Law, including advertising leases and receiving fair market value.
Date Released: 10/20/2011

 

#10-0263
R.S. 28:53.2 does not require coroners to first direct the transportation of potential mental patients subject to OPCs to in-parish emergency treatment facilities for examination and/or treatment before directing them to out-of-parish treatment facilities. There is also no requirement that such patients be transported only to inparish facilities. Federal law, including HIPAA and EMTALA, likewise does not have any such mandates for coroners engaging the OPC procedures. However, as a matter of sound policy and due to the inherent time constraints associated with the OPC process, it would be the recommendation of this office for coroners to direct that individuals subject to OPCs are to be transported to treatment facilities in their home parish and that only under exigent or extraordinary circumstances (e.g., lack of available beds at in-parish treatment facilities) should these individuals be sent to out-of-parish treatment facilities. A treatment facility called upon under the Louisiana Mental Health Law to examine and/or treat a patient under an OPC, a PEC, or a CEC procedure is entitled to recover fees and costs associated with such examinations and treatment from either the patient (or a responsible relative or insurer) or the parish in which the patient is a domiciliary (in the event of indigence or inability of the patient to pay).

Date Released: 10/24/2011


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#11-0132
Deputy Constables of the First City Court of the city of New Orleans are exempt from workers’ compensation coverage. The liability of their job-related injuries is on any person whose fault caused their injuries. However, deputy constables who perform any law enforcement action outside their jurisdiction, but within the State of Louisiana, and who are injured, shall be entitled to receive workers' compensation benefits from their employing municipality. Also, any political subdivision may provide workers' compensation coverage for its officials pursuant to La. R.S. 23:1034(C).
Date Released: 09/26/2011
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#11-0180
City may amend cooperative endeavor agreement in the event the real estate reversionary clause has not yet resulted in legal transfer of property back to the City. If the property in question has already reverted back to the City, thereby giving the City legal title to the property, then the requirements of La R.S. 33:4712 must be met in order to transfer the property again. The City must ensure that any new obligations undertaken by each party to the amended agreement meet the Cabela’s test as explained in La. Atty. Gen. Op. No. 07-0205.
Date Released: 09/26/2011
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#11-0181
A prospective bidder should not be penalized for failing to comply with a bidding requirement or condition that is not allowed or authorized by Louisiana’s Public Bid Law.
Date Released: 09/26/2011
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#11-0198
A deputy sheriff may not at the same time hold elective office as police juror. A police juror may not at the same time hold appointive office as chief of police, where the latter position is held on a full-time basis.
Date Released: 09/26/2011

#11-0148
Act 315 of the 1986 Regular Session added La. R.S. 34:3269(13) and amended La. R.S. 34:851.27 to create an exception for the Cane River Waterway Commission to regulate and be the primary regulatory authority of the Cane River Waterway despite the State’s general reservation, in La. R.S. 34:851.27(A), of the right to regulate the operation of and to establish the minimum equipment requirements of vessels and motorboats, and the general prohibition against all political subdivisions of this state regulating watercraft in any respect.
Date Released: 09/07/2011
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#11-0155
The City may be required to provide a CD reproduction of a digital recording of a City Council meeting and may collect a reasonable fee for making such copy. If the City does not possess the necessary equipment to make the CD reproduction, the City may require the requestor pay a reasonable cost incurred by the City in having an outside vendor make such copy.
Date Released: 09/07/2011
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#11-0170
It is the opinion of this office that the Village of Simpson (“Village”) and the Vernon Parish School Board may enter into an intergovernmental agreement whereby the Village would expend public funds in connection with the purchase and installation of a video security system at Simpson High School.
Date Released: 09/07/2011
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#11-0208
Pursuant to Article XI, Section 1 of the Louisiana Constitution, the holding in City of New Orleans, and La. R.S. 18:602(G), the Louisiana Election Code is controlling as to any special election called to fill a vacancy under the provisions of La. R.S. 18:402.
Date Released: 09/07/2011
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#11-0148
Act 315 of the 1986 Regular Session added La. R.S. 34:3269(13) and amended La. R.S. 34:851.27 to create an exception for the Cane River Waterway Commission to regulate and be the primary regulatory authority of the Cane River Waterway despite the State’s general reservation, in La. R.S. 34:851.27(A), of the right to regulate the operation of and to establish the minimum equipment requirements of vessels and motorboats, and the general prohibition against all political subdivisions of this state regulating watercraft in any respect.
Date Released: 09/07/2011
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#11-0155
The City may be required to provide a CD reproduction of a digital recording of a City Council meeting and may collect a reasonable fee for making such copy. If the City does not possess the necessary equipment to make the CD reproduction, the City may require the requestor pay a reasonable cost incurred by the City in having an outside vendor make such copy.
Date Released: 09/07/2011
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#11-0170
It is the opinion of this office that the Village of Simpson (“Village”) and the Vernon Parish School Board may enter into an intergovernmental agreement whereby the Village would expend public funds in connection with the purchase and installation of a video security system at Simpson High School.
Date Released: 09/07/2011
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#11-0208
Pursuant to Article XI, Section 1 of the Louisiana Constitution, the holding in City of New Orleans, and La. R.S. 18:602(G), the Louisiana Election Code is controlling as to any special election called to fill a vacancy under the provisions of La. R.S. 18:402.
Date Released: 09/07/2011
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#11-0119
The judges of the Seventh Judicial District Court for the Parish of Concordia have the authority to enter an order requiring the Concordia Parish Police Jury to include funds in its 2012 budget for salary increases for two court reporters but the police jury’s obligation to fund these salaries is limited by a standard of reasonableness.
Date Released: 09/19/2011
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#11-0157
The provisions of La. R.S. 40:1563.1 grant the fire chief of the West Feliciana Fire Protection District No. 1 the discretion to require an arson investigator to obtain P.O.S.T. certification or P.O.S.T. qualification in firearms, or both, in order to receive a commission from the fire protection district allowing him to carry and use firearms and to arrest persons suspected of committing the crimes enumerated in La. R.S. 40:1563.1.
Date Released: 09/19/2011

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#11-0161
Pursuant to La. R.S. 44:36, the Broadmoor Neighborhood Improvement District (“BID”) should develop a records retention policy with the assistance of the Archives Division of the Louisiana Secretary of State for the maintenance and retention of its records. As the membership of the Board governing the BID is identical to the Board governing the Broadmoor Improvement Association (“BIA”), and the purpose of the BID is to promote quality of life initiatives of the BIA, it is the opinion of this office that there is an overlap of records of the BIA and BID which qualify as “public records” under La. R.S. 44:1. Making a determination as to whether or not a record is a “public record” as defined by La. R.S. 44:1 requires a fact-specific inquiry into the nature of the particular record at issue that our office is unable to make. (emphasis added)
Date Released: 09/20/2011

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#11-0177
Louisiana’s Public Bid Law does not authorize a public entity to mandate that all potential bidders obtain bid documents from the public entity’s engineer in order to be a responsive bidder. Accordingly, the failure to comply with such a requirement cannot be used as the basis for rejecting a bid.
Date Released: 09/19/2011

September 15, 2011
Opinion 11-0119
Ms. Hazel Dickson
Secretary-Treasurer
Concordia Parish Police Jury
4001 Carter Street, Room 1
Vidalia, Louisiana 71373
Dear Ms. Dickson:
You have requested an opinion of this office regarding whether the judges of the
Seventh Judicial District Court for the Parish of Concordia had the authority to
enter an order requiring the Concordia Parish Police Jury to include funds in its
2012 budget for salary increases for two court reporters.
On February 11, 2011, an Order was signed by Judges Kathy Johnson and Leo
Boothe of the Seventh Judicial District Court for the Parish of Concordia directing
the Concordia Parish Police Jury to increase the monthly salaries of two court
reporters effective March 1, 2011. The mandated salary increases were ordered
after the budget for fiscal year 2011 had already been adopted; therefore, the
increases were not included in the budget. In order to assist the Concordia
Parish Police Jury through the end of FY 2011, the court order was amended to
read as follows:
The Concordia Parish Police Jury is hereby ordered to increase the
salaries of Kimberele Cobb and Nancy Taylor $385.00 per month,
beginning March 1, 2011. Said salaries are to be paid out of the
General Fund for Concordia Parish. Upon receipt of an invoice
submitted by the Concordia Parish Police Jury, the Criminal Court
Fund shall reimburse the General Fund for the specified salary
increase effective March 1, 2011. Beginning with fiscal year 2012,
the Concordia Parish Police Jury is directed to include these salary
increases along with the court ordered annual increases in their
regular budgetary provisions.
According to your opinion request, the Concordia Parish Police Jury is already
operating with a deficit and does not have the funds to comply with this court
90 - A – 1 PUBLIC FUNDS & CONTRACTS
La. R.S. 13:961
The judges of the Seventh Judicial District Court for the Parish
of Concordia have the authority to enter an order requiring the
Concordia Parish Police Jury to include funds in its 2012
budget for salary increases for two court reporters but the
police jury’s obligation to fund these salaries is limited by a
standard of reasonableness.
Ms. Hazel Dickson
Opinion 11-0119
Page 2
order. Therefore, you ask whether the judges had the authority to issue this
order.
La. R.S. 13:961 addresses the appointment of court reporters in each judicial
district. Section (E) sets forth the law governing the compensation of court
reporters. La. R.S. 13:961(E) provides:
E. Each of the official court reporters provided for in Subsection A
of this Section shall receive a monthly salary to be fixed and
determined by the judge making the appointment. The salaries
shall be paid out of the general fund of the parish or parishes
comprising the judicial district for which the appointment is made. In
districts which comprise more than one parish, the amount to be
paid by each of the parishes comprising the district is to be in the
proportion that the assessed value of each parish bears to the total
assessed value of all the parishes comprising the district. The
police jury of each parish shall budget the salary or the pro rata part
of its share of the salary of the official court reporters in its budget
of annual expenses. (Emphasis added).
La. R.S. 13:961 states that court reporters in each judicial district shall receive a
salary that is “fixed and determined by the judge making the appointment.” The
statute further states that the salary “shall be paid out of the general fund of the
parish or parishes comprising the judicial district for which the appointment is
made.” When interpreting the language of a Louisiana statute, “[t]he word “shall”
is mandatory and the word “may” is permissive. La. R.S. 1:3. The wording of La
R.S. 13:961(E) makes it clear that the judges who appoint the court reporters
must fix their salaries and, once the salaries have been set by the judges, the
police jury in the respective parish(es) must pay the salaries out of the general
fund. Therefore, it is the opinion of this office that the judges of the Seventh
Judicial District Court for the Parish of Concordia had the authority to enter an
order requiring the Concordia Parish Police Jury to include funds in its 2012
budget for salary increases for two court reporters. However, in the event the
police jury declines to include these funds in the budget, the judges may have to
bring a mandamus action against the police jury.1
In McCain v. Grant Parish Police Jury, 440 So. 2d 1369 (La. App. 3 Cir. 1983),
the Third Circuit was faced with the a set of facts similar to those described in
1
With regard to whether a mandamus action is the proper procedural vehicle to get the police jury
to pay the reasonable expenses of the district court, the Third Circuit noted in McCain v. Grant
Parish Police Jury, 440 So. 2d 1369 (La. App. 3 Cir. 1983), that “[i]f the legislative branch, being
the only branch of government with the ability to generate operating funds, refuses to provide the
necessary money for the operation of the courts, the courts have only one avenue of relief
available, i.e., a suit to force the fulfillment of a ministerial duty, mandamus. We hold that
mandamus is the proper procedural device in a case such as this.” McCain, 440 So. 2d at 1373.
Ms. Hazel Dickson
Opinion 11-0119
Page 3
your opinion request and the question of “whether a court, as an equal member
of our governmental triumvirate, has the inherent power to compel a legislative
body, another of the co-equal branches of government, to budget the reasonable
necessary expenses incurred to provide the basic needs of an efficient, effective
court..” Id., 440 So. 2d at 1372. In McCain, a judge of the Thirty-Fifth Judicial
District Court submitted to the Grant Parish Police Jury a proposed budget for his
court. The budget request was only granted in part and, as a result, the judge
began receiving past due notices for some of the bills of his office. Id., 440 So.
2d at 1370. The judge filed a mandamus action against the police jury “in an
effort to secure funding sufficient to cover the costs of the reasonable and
necessary basic needs of his court.” Id. The Third Circuit “with no difficulty”
found “that courts have the inherent power to compel the guardians of the public
fisc . . . to budget adequate funds for the operation of the court to insure that the
proper independence among our three co-equal branches of government be
maintained.” Id., 440 So. 2d at 1370. McCain makes it clear that “although the
power of a court to incur, and compel the payment of, debts for services and
supplies reasonably necessary for its efficient operation is inherent, such power
is not unlimited.” Id., 440 So. 2d at 1372. In his concurring opinion, Judge
Domengeaux stated that, “[i]t should be made clear that the Grant Parish Police
Jury’s obligation . . . is limited to the district court’s reasonable expenses over
and above those which cannot be paid because of the insufficiencies of the
Criminal Court Fund.” Id., 440 So. 2d at 1373. Based on McCain, it is our
opinion that the police jury’s duty to fund court reporters’ salaries is limited by a
standard of reasonableness. The determination of whether a particular salary
increase is reasonable is a factual determination our office cannot make; rather,
it must be made by the police jury on a case by case basis.

In conclusion, it is the opinion of this office that the judges of the Seventh Judicial
District Court for the Parish of Concordia have the authority to enter an order
requiring the Concordia Parish Police Jury to include funds in its 2012 budget for
salary increases for two court reporters but the police jury’s obligation to fund
these salaries is limited by a standard of reasonableness.

We trust this adequately responds to your request. However, if our office can be
of further assistance, please do not hesitate to contact us.
Yours very truly,

JAMES D. “BUDDY” CALDWELL

Attorney General
By: __________________________
Lindsey K. Hunter
Assistant Attorney General
Ms. Hazel Dickson
Opinion 11-0119
Page 4
SYLLABUS
Opinion 11-0119
90 - A - 1 PUBLIC FUNDS & CONTRACTS
La. R.S. 13:961
The judges of the Seventh Judicial District Court for the Parish of Concordia have
the authority to enter an order requiring the Concordia Parish Police Jury to
include funds in its 2012 budget for salary increases for two court reporters but
the police jury’s obligation to fund these salaries is limited by a standard of
reasonableness.
Ms. Hazel Dickson
Secretary-Treasurer
Concordia Parish Police Jury
4001 Carter Street, Room 1
Vidalia, Louisiana 71373
Date Received:
Date Released: September 15, 2011
Lindsey K. Hunter
Assistant Attorney General
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#11-0148
Act 315 of the 1986 Regular Session added La. R.S. 34:3269(13) and amended La. R.S. 34:851.27 to create an exception for the Cane River Waterway Commission to regulate and be the primary regulatory authority of the Cane River Waterway despite the State’s general reservation, in La. R.S. 34:851.27(A), of the right to regulate the operation of and to establish the minimum equipment requirements of vessels and motorboats, and the general prohibition against all political subdivisions of this state regulating watercraft in any respect.
Date Released: 09/07/2011
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#11-0155
The City may be required to provide a CD reproduction of a digital recording of a City Council meeting and may collect a reasonable fee for making such copy. If the City does not possess the necessary equipment to make the CD reproduction, the City may require the requestor pay a reasonable cost incurred by the City in having an outside vendor make such copy.
Date Released: 09/07/2011
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#11-0170
It is the opinion of this office that the Village of Simpson (“Village”) and the Vernon Parish School Board may enter into an intergovernmental agreement whereby the Village would expend public funds in connection with the purchase and installation of a video security system at Simpson High School.
Date Released: 09/07/2011
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#11-0208
Pursuant to Article XI, Section 1 of the Louisiana Constitution, the holding in City of New Orleans, and La. R.S. 18:602(G), the Louisiana Election Code is controlling as to any special election called to fill a vacancy under the provisions of La. R.S. 18:402.
Date Released: 09/07/2011
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#11-0031
R.S. 28:53(G)(6) provides that the coroner’s commitment fee shall be paid by the governing authority of the parish in which the patient is domiciled or residing at the time of commitment. There is no statutory authority for the parish to seek reimbursement of the commitment fee from the city or municipality in which the commitment facility is located.
Date Released: 09/01/2011
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#11-0040
The Louisiana Legislature through Act No. 621 of 2006 and subsequent legislation consolidated the state courts and related offices in Orleans Parish. All property transferred to the Clerk of Court’s Office in its capacity as parish recorder per Act No. 621 should now be considered the property of the Clerk of Court (“Clerk”) to possess, utilize, and control as per her discretion. Any computer hardware and software utilized by the offices of the Recorder and Register that has not been transferred to the Clerk of Court’s Office should be transferred pursuant to this legislation. Any fees collected by the offices of the Recorder or Register prior to January 1, 2009, should have been deposited into a special fund within the Consolidated Judicial Expense Fund and used to defray the costs of operations of these two offices, including salaries, benefits, and pension contributions, until these offices were abolished and transferred to the Clerk for the CDC as parish recorder. Effective January 1, 2009, the employees of the former offices of the Recorder and Register became employees and, therefore, the financial responsibility of the Clerk of Court’s Office. The Clerk has the authority to establish and maintain a system that allows for electronic and internet access to its office’s records. The Clerk also has the authority to collect reasonable fees for operating and maintaining such a system.
Date Released: 09/01/2011
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#11-0058
A property owner who entered into a restoration tax abatement contract over two years ago has no valid grounds to demand a variation from that agreement by claiming that the property is worth less than its assessed value prior to the commencement of the expansion, restoration, improvement, or development.
Date Released: 09/01/2011
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#11-0066
Article II, Section 2-01(B) of the New Iberia Home Rule Charter does not prohibit a person who served as a member of the Council and resigned during his second term from qualifying for another term.
Date Released: 09/01/2011
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#11-0094
The newly created position of Administrative Tech II, assigned the duty of performing limited local records background checks for the issuance of bar server cards, is legally placed in the civil service system of the Terrebonne Parish Consolidated Government, and is not a position falling within the municipal classified police service under La. R.S. 33:2481(A).
Date Released: 09/01/2011
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#11-0109A
A social services contract held on a part-time basis by a justice of the peace with the Department of Health and Hospitals Medicaid Program does not trigger the prohibition of La. R.S. 42:63(F), which is applicable to contracts held on a full-time basis. However, the Louisiana Code of Judicial Conduct is controlling over the conduct of a justice of the peace, notwithstanding the provisions of the dual officeholding law. Accordingly, the Judiciary Commission should be consulted for resolution of the issue.
Date Released: 09/01/2011
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#11-0117
La. Const. Arts. I § 4, and VI § 23 require a declaration of a public purpose prior to a public entity acquiring immovable property next to a public sewer treatment plant to create a “buffer zone”. La. Const. Art. VII § 14 requires that a public entity pay fair market value for when purchasing immovable property to avoid gratuitously alienating public funds.
Date Released: 08/30/2011
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#11-0129
In the Lawrason Act municipality of the Town of Woodworth, the authority to reduce a moving violation to a nonmoving violation rests with the town attorney and not with the magistrate of a mayor’s court. The violator who requests his citation be amended to a nonmoving violation may not be charged an “administrative fee” for the reduction. Rather, the only other cost which the mayor’s court may impose is provided by La. R.S. 33:441(A)(1), which authorizes the magistrate to impose court costs not to exceed thirty dollars for each offense. The fine assessed for the original moving violation must be reduced to the fine assessed for the nonmoving violation, in the event the town attorney elects to reduce the moving violation to a nonmoving violation.
Date Released: 09/01/2011
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#11-0139A
Where a married couple who each owned and occupied their own separate residence erroneously claimed homestead exemptions on both residences, the assessor must issue a tax bill for past three years for the residence that wasn’t eligible for homestead exemption.
Date Released: 09/01/2011
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#11-0142
The Metropolitan Human Service District is required to follow the provisions of Louisiana Administrative Code Title 4, Part XVII, Chapters 1-15.
Date Released: 09/01/2011
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#11-0143
In a Lawrason Act municipality, the remedy of mandamus is available to a municipal governing authority to compel a chief of police to perform the ministerial duties of his office.
Date Released: 09/01/2011
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#11-0160
The Executive Vice President at Nicholls State University is employed in a professional educational capacity and may hold his position of full-time state employment and at the same time hold elective office as a member of the Assumption Parish School Board.
Date Released: 09/01/2011
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#11-0163
The police jury must ensure that it receives equivalent value for the funds it spends, which means that the benefit of the project to the police jury/parish must correspond with the amount of the project that is paid for with police jury funds. The police jury may not waive reimbursement from a municipality for the amount of a project that should be paid for by the municipality. Unless prohibited by the intergovernmental agreement governing the transaction, a municipality may make an in kind contribution of supplies or labor to count towards satisfying the municipality’s obligation to reimburse the police jury for the costs associated with the project.
Date Released: 09/01/2011
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#11-0164
A member of a parish board of election supervisors has the statutory responsibility of performing duties assigned that office, notwithstanding that he is a candidate in the election. Thus, a member of a parish board of election supervisors who is also a candidate must count and tabulate absentee and early voting ballots in the election for the office he seeks.
Date Released: 09/01/2011
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#11-0167
When there are not sufficient funds in the criminal court fund to reimburse the district attorney for the expenses of his office, the police jury must provide funds to reimburse the district attorney for those expenses, provided the expenses are determined to be reasonable.
Date Released: 09/01/2011
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#11-0173
The Assessor and the Public Works Departments may enter into an intergovernmental agreement whereby the Assessor would purchase and supply the necessary equipment for taking digital photographs of residences and commercial structures within West Baton Rouge Parish. The Public Works Departments would be responsible for taking the digital photographs and would also receive compensation for such services.
Date Released: 09/01/2011
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#11-0174
While the provisions of the Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., would not prevent an elected parish tax assessor from at the same time holding employment in the private sector, his private employment must not conflict with the duties imposed upon him in his capacity as tax assessor by constitutional and statutory authority.
Date Released: 09/01/2011
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#11-0175
Neither the general provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., nor parish home rule charter provisions prohibit a member of the Lafourche Parish Council from at the same time holding full-time and unclassified employment with the Lafourche Parish School Board as a nurse.
Date Released: 09/01/2011
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#11-0178
Under La. R.S. 47:1508, the Rapides Parish Sales & Use Tax Office is prohibited from disclosing the combined gross sales of all merchants located in a certain retail outlet center for the past five years to the merchants’ landlord.
Date Released: 09/01/2011
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#11-0179
The mayor of the Town of Melville is not prohibited by the state law governing dual officeholding and dual employment from holding his elective office as mayor while at the same time serving in the part-time appointive office of housing authority commissioner. The mayor is also not prohibited by the dual officeholding and dual employment provisions from at the same time holding employment with the parish school board, a political subdivision separate from the municipality in which he holds elective office. Questions regarding a conflict in time or duties in the exercise of these three positions are within the jurisdiction of the Louisiana State Board of Ethics.
Date Released: 09/01/2011
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#11-0182
Upon a showing that the lawsuit against the Clerk of Court for the City Court of Monroe was dismissed and no judgment was entered against the clerk and a determination that the lawsuit arose out of the clerk’s performance of her official functions, the City Court for the City of Monroe may, but is under no legal obligation to, pay the $5,000 deductible on the Clerk’s errors and omissions policy in order to cover the cost of the attorney’s fees incurred by the Clerk defending herself in this matter.
Date Released: 09/01/2011
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#11-0191
No violation of the state dual officeholding and dual employment provisions occurs where the mayor of the City of Ville Platte holds elective office and at the same time holds part-time employment with the Evangeline Community Action Agency, Inc.
Date Released: 09/01/2011
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#11-0201
The Petition to Recall Harold L. Albritton, Alderman, Village of Spearsville, Parish of Union, meets the legal requirements for the governor to issue a proclamation ordering an election to be held for the purposes of voting on the question of the recall.
Date Released: 09/01/2011
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#11-0086
To claim exemption from ad valorem taxes, a nonprofit corporation must clearly, unequivocally, and affirmatively establish that it is: (1) a nonprofit corporation or association; (2) organized and operated exclusively for religious, burial, charitable, health, welfare, fraternal, or educational purposes; (3) with no net earnings inuring to the benefit of any private shareholder or member; and (4) exempt from federal or state income tax. If those four requirements are met, then the nonprofit corporation must also clearly, unequivocally, and affirmatively establish that the property was not owned, operated, leased, or used for a commercial purpose unrelated to the corporation’s charitable purpose. Finally, assuming the usufructuaries’ family residence is not exempt from ad valorem taxes under La. Const. art. VII, §21(B)(1)(a), the property would not qualify for a homestead exemption. 
Date Released: 07/26/2011

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#11-0110
Access to log in information for offsite monitoring of “real time” GPS data on a police jury owned vehicle is limited to the entity in charge of enforcing state and local laws.
Date Released: 07/26/2011

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#11-0120
The notice requirement of La. R.S. 47:2306 is not met by either (1) recording a deed in the conveyance records that transfers a portion of a larger tract of property or (2) receiving a building permit from an appropriate governmental agency in the parish in which the property is located. Also, the penalty provided for in La. R.S. 47:2306 is mandatory and must be paid along with taxes or else the property in question will be sold at tax sale.
Date Released: 07/26/2011

 

#09-0211A
The law of Louisiana with respect to sixteenth sections applies to the lease or exchange of this indemnity property. Although the sale, lease, or exchange of sixteenth section or indemnity lands by a school board is permissible without the necessity of submitting to the public bid laws, specific provisions apply to the subject property as indemnity land for under-sized sixteenth sections (and thus owned the same as such) that are more onerous than those imposed by the public bid laws. Therefore, the School Board must follow the sale and lease laws specifically applicable to sixteenth sections and indemnity lands. Further, the additional question that you posed in your clarification request does not change the above-noted conclusions. As to that question, it is our opinion that the ownership of the subject River Lot 16 (which is indemnity land) is in the State of Louisiana.
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#11-0105
There is no authority in the Lawrason Act, or within the Louisiana Homeland Security and Emergency Assistance and Disaster Act, to allow the elected police chief to obligate a municipal facility during an emergency. That authority lies strictly with the mayor or chief executive officer.
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#11-0130
Because La. R.S. 42:63(D) prohibits any member of any parish governing authority from holding any office or employment with any sheriff, a Terrebonne Parish deputy sheriff may not at the same time hold elective office as a member of the Terrebonne Parish Council.
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#11-0136
The Town of Addis may enter into a cooperative endeavor agreement with a non-profit organization to provide recreational opportunities to the children of the Town instead of the Town providing those services directly, as long as the Town is able to demonstrate that it will receive a benefit at least equal to the amount of funds expended.
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#11-0141
Mayor of the City of Tallulah may require a former councilman to return recreation equipment belonging to the City of Tallulah back to the City.
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#11-0154
Mayor of the Town of Melville is not prohibited by state law governing dual officeholding from at the same time holding part-time appointive office as commissioner of the board governing the St. Landry Parish Housing Authority.

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#10-0232
FEMA funds are not treated differently from other revenue for budgeting purposes and should be included in a political subdivision’s annual budget even if only shown as an estimated amount. If the receipt of FEMA funds after the budget has been adopted results in a political subdivision having a change in operations, the budget must be amended to reflect receipt of the funds.


#10-0298A
Pursuant to Article VII, Section 14, the Lake Charles Harbor and Terminal District is prohibited from purchasing and continuing to hold and own the stock of a private corporation. Recalls Attorney General Opinion No. 10-0298.

#11-0030
Members of fire and police civil service boards in municipalities with populations between 13,000 and 250,000 are not prohibited by the Louisiana Constitution or other state laws from making financial contributions to political campaigns or candidates for public office provided such board members are not also employees of the fire and police classified service.

#11-0084
La. R.S. 33:404A(3) requires a mayor to obtain approval of the board of aldermen before the appointment or removal of a department head occurs, and a mayor can only enter into a contract with a third-party provider upon approval of the board of aldermen.


#11-0113
The Iberville Parks & Recreation District, with regard to taxes levied by it, is considered the taxing authority within the meaning of La. Const. art. VII, §23(C).
  

#11-0128
Pursuant to the rules and regulations adopted by the City of Opelousas Municipal Civil Service Board, which govern those employees placed in the City’s civil service system, the Mayor and the Board of Aldermen of the City of Opelousas are by definition the appointing authority for purposes of disciplinary actions taken relative to the City’s classified employees. The Mayor may not unilaterally take disciplinary action against a classified employee; rather, the Board of Aldermen must concur with the recommendation of the Mayor regarding the discipline imposed upon a classified employee; otherwise, no action is taken. If there is a tie vote on the Board of Aldermen resulting in non-approval of the proposed disciplinary action, then “the recommendation of the mayor shall prevail” as provided by La. R.S. 33:404(A)(3).

#11-0018
The paving lien process embodied in La. R.S. 33:3681, et seq., sets forth a mandatory duty for local governments to improve roads if they are properly petitioned pursuant to that law. Because the process includes an implied dedication of the roads to the public, there is no conflict with La. Const. Art. VII, Sec. 14.

 

#11-0089
Although La. R.S. 42:1414 requires the termination of employment of a municipal employee upon conviction of a felony during his employment, no general state law prohibits the City of Tallulah from hiring a person previously convicted of federal income tax evasion.

 

#11-0044
District may not provide fire protection services free of charge to areas outside the geographical boundaries of the District. The District may enter into a local services agreement with the Parish to provide fire protection services, but the Parish must bear all costs of providing the services.

 

#11-0059
Contracts for collection and disposal of solid waste, unless structured as an exclusive franchise, may be negotiated rather than awarded by public bid.

 

#10-0135
La. R.S. 33:1556 governs who will be responsible for the autopsy costs associated with inmate deaths at Louisiana State Penitentiary (“LSP”). Autopsies performed on inmates at LSP are mandatory and subject to reimbursement by the State of Louisiana under Louisiana law in cases involving suspected criminal activity at LSP. In the event a LSP inmate’s death is due to natural causes, then the coroner may exercise his or her discretion as to whether an autopsy is necessary and may by agreement charge the cost of the autopsy to the interested party requesting the autopsy, or, if it can be determined, charge the costs to the parish of domicile of the deceased.
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#11-0088
A person holding full-time employment with the Avoyelles Parish Police Jury as Superintendent of Roads and Bridges is not prohibited by the provisions of the Dual Officeholding and Dual Employment Law, La. R.S. 42:62, et seq., from at the same time serving as the elected Mayor of the Town of Plaucheville.

 

#11-0004
The State Land Office is statutorily authorized to issue permits and leases for encroachments or landfill in the beds of State-owned water bottoms. The Cane River Waterway District, as the regulatory authority for the Cane River Waterway, retains the authority to establish safe navigational boundaries on Cane River Lake as it has done in the past, and should establish rules and regulations that assist the State Land Office in understanding which encroachments unduly interfere with public navigation and fishery. The District has legal standing to sue a private landowner for the placing of fill in Cane River Lake, provided the fill interferes with the navigation of Cane River Lake and/or any other regulatory authority vested with the District. Pursuant to La. R.S. 41:1714, the Attorney General has the authority to prevent or compel the removal of illegal encroachments on State-owned water bottoms.

 

 

#10-0256
The limited advancement of sick leave provisions in the current sick leave policy for the Board for the Consolidated Gravity Drainage District #1 of Tangipahoa Parish, do not appear to violate the prohibited donation provisions of La. Const. art. VII, §14.

 

#11-0114
Sheriff may sell surplus immovable property currently owned by law enforcement district at a private sale after the property was advertised and offered for sale to the general public. If market conditions only produce an offer that is below the appraised value, the offer may be accepted if the law enforcement district can adequately document that the bid reflects fair market value.

 

#11-0127
The prohibition against political activities contained in personnel rules applicable to those holding positions of classified employment with St. Bernard Parish Government prohibit a classified employee from campaigning for the elective office of member of the St. Tammy Parish Council while at the same time holding classified employment.
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#11-0144
Hospital Service District No. 2 of the Parish of Beauregard has the authority to enter into the proposed cooperative endeavor agreement. The contribution of funds by the District as contemplated in the agreement does not violate La. Const. art. VII, Sec. 14.

 

#11-0147

The phrase,"... the parish governing authority may divide a precinct into two or more precincts..." sset forthin La. R.S. 18:532.1(D)(2) provides a parish governing authority with the ability to allow a precinct to contain more than one election district. This will result in the elections in such a precinct to be conducted by the use of a "locak out" such that voters in a single precinct cast ballots in only one of the election districts that share that precinct, corresponding to their voter registration.  

 

#06-0171
Volunteer Fire Department governed by the Assumption Parish Police Jury and which is primarily funded with public funds, which serves a public purpose and which renders a public service, is a quasi-public entity and is subject to the Louisiana Public Records Law (La. R.S. 44:1 et seq.), subject to the audit and oversight authorities of the Legislative Auditor under La. R.S. 24:511 et seq., and subject to a complete review, control and possession of its financial records by the fire protection district or governing authority, but is not subject to the Public Bid Law (La. R.S. 38:2211 et seq.), Open Meeting Law (La. R.S. 42.1 et seq.), or the Local Governmental Budget Act (La. R.S. 39:1301 et seq.). Pursuant to the authority provided in La. R.S. 40:1492 et seq., and R.S. La. R.S. 33:2101, the Assumption Parish Police Jury may enter into a contract with a Volunteer Fire Department to handle certain administrative functions of the Fire Department and to receive payment for such services from the individual millage funds allocated to each Fire Department within the Fire Protection District.

 

#10-0164
Political subdivision may pay 100% of health insurance premiums for its retired employees.
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#10-0276
The police jury may dispose of the ditch dirt using the procedures set forth in La. R.S. 33:4712(F) or La. R.S. 39:125 as long as it receives equivalent value for the dirt. If the police jury is able to adequately document that the dirt has no or negative value, then it may be disposed of without violating La. Const. art. VII, Sec. 14.
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#10-0277
Resolution passed by police jury granting raises to parish manager should be evidenced by a written amendment to the existing employment contract. Once the amendment is executed, any payments made pursuant to the resolution and amended contract would be ratified. If the raises were granted by the police jury based upon material misrepresentations, the police jury may rescind the salary increases by passing a subsequent resolution.
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#10-0290
The Ethics Adjudicatory Board’s finding that a public official violated La. R.S. 42:1113(A) prohibits public funds from being used to reimburse the public official for the legal expenses he incurred defending himself from ethics charges, notwithstanding the fact that the Board waived any fine or penalty for the violation.

 

 

 

 

 

#10-0186
Plaquemines Parish Council members may be reimbursed for official travel expenses and mileage incurred while conducting official business within his/her district or within the Parish. The Plaquemines Parish Government may require more specific descriptions and documentation when public officials seek reimbursement for attending meetings within the Parish.
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#10-0251
Parishes are generally exempt from paying court costs according to La. R.S. 13:4521. However, La. R.S. 13:5112 creates an exception to this general rule providing that in a law suit against the parish, when a judgment has been rendered against the parish, the trial or appellate court in its discretion may order the parish to pay the successful party’s court costs. This exemption mandates the judgment to give a specific dollar amount the parish is to pay.
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#11-0016
If at the time of appointment a member of the fire protection board is not qualified, the appointment is not void, but merely voidable, and inasmuch as no action was taken to remove the individual from the position, her subsequent acquisition of the qualification has cured any defect regarding her membership on the board. The St. Tammany Fire Protection District No. 11 members serve for a term of two years in accordance with La. R.S. 40:1496(E).
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#10-0033
Dedication of roads to a public use does not carry with it a transfer of ownership of the actual roadbed. Dedicated roads must be used as roads absent a broader dedication. The decision to convert submerged roads into a carbon sequestration area rests with the owner of the underlying property. We are aware of no restrictions regarding what entity might conduct wetland restoration work on submerged roads in Louisiana. However, any such work impacting the coastal areas should be conducted in coordination or consultation with the Coastal Restoration and Protection Authority and the Office of Coastal Protection and Restoration.
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#10-0254
In order to effectuate the contemplated private uses of publicly owned water towers, the public entity must follow the applicable lease of public land law procedure. Further, in order to comply with the mandates of Article VII, Section 14 of the Louisiana Constitution, the public entity must receive fair market value for such use.
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#10-0081
In order for the Cooperative Endeavor Agreement to be permissible, the Iberville Parish Council must determine and ensure that the benefit it receives is commensurate with the public funds it expends in connection with the proposed cooperative endeavor agreement. Failing such a determination and conclusion, the proposed cooperative endeavor agreement would not be permissible and would amount to a prohibited donation under Article VII, Section 14 of the Louisiana Constitution.
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#11-0002
In a fire protection district which is governed by a system of fire civil service, the appointing authority for positions in the fire department is required by law to cooperate with any lawful investigation conducted by the civil service board, relative to those fire department positions which the board decides must under state law be allocated to the classified fire service.
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#11-0008
Reimbursement for services performed by a volunteer firefighter is permissible as long as such payments are nominal.
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#10-0172
A subdivision (gated community) does not have the legal right to restrict ingress and egress of a public thoroughfare in which the State or political subdivision is maintaining.
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#10-0225
The agenda item labeled “comments/discussion” is insufficient to put the public on notice that the Planning Commission planned to take any action concerning the master plan. The Planning Commission created by the Parish has the authority to make and adopt a master plan. However, the governing authority maintains general power over any entity created by it and has authority over land development as granted by the Louisiana Constitution, the Charter and the Revised Statutes. The clear language of Section 4-12 of the Charter requires that any commission created by the Parish must report to the Parish President.
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#10-0116A
Under the Ascension and Terrebonne Parish Home Rule Charters, a resolution by the parish council is legally sufficient to approve the call of a special district election to authorize the levy of ad valorem taxes. Recalls Atty. Gen. Op. No. 10-0116 in part.
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#10-0255
The City of Opelousas cannot sell surplus immovable property for less than fair market value. A bid for less than the appraised value may be accepted if the City can adequately document that the bid reflects fair market value. In order to ensure compliance with La. Const. art. VII, Sec. 14, we recommend that the City either obtain an updated appraisal taking into consideration the City’s marketing of the property or obtain other detailed documentation that adequately demonstrates why and how the City determined that the fair market value of the property was less than the original appraised value.
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#10-0110
With respect to the database maintained by a Parish 911 Communications District conveying names and addresses associated with a 911 number: if the data is gathered from a landline for which the individual has not requested an unlisted number and/or address, the information is public record subject to disclosure; if the data is gathered from a landline for which the individual has requested an unlisted number and/or address, the information is protected from disclosure due to privacy concerns; if the data is gathered from a wireless number, the information is exempt from disclosure by the clear terms of La. R.S. 33:9109.
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#10-0227
The statutory procedure for revoking a public dedication of alleyways is set forth in La. R.S. 48:701. Public alleyways, no longer needed for public use, may also be sold or leased as surplus public property provided the requirements set forth in La. R.S. 33:4712 are satisfied. The Town of Slaughter cannot avoid liability for negligence under La. C.C. art. 2317, on public alleyways, as long as the alleyways remain dedicated as public and are owned by the town. The Town of Slaughter may rent out a residential home owned by the town, provided the home is declared as surplus property and all other requirements of La. R.S. 33:4712 are satisfied.
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#10-0152
The St. Helena Parish Police Jury may suspend or revoke parish alcoholic beverage permits at a hearing called for that purpose, for those statutorily enumerated causes, assuming the holder of the permit is served with prior notice of the hearing in compliance with the requirements of state law. The St. Helena Parish Police Jury’s review and approval of an application for a renewal of a current alcoholic beverage permit is not merely automatic; rather, the police jury is required by ordinance to review a renewal application as it would an original application to ensure the applicant continues to possess the required qualifications. A stockholder of a corporate applicant seeking alcoholic beverage permits from the state and from St. Helena Parish is exempt from the residency requirements imposed upon a corporate applicant; however, a manager of a corporate applicant’s business must possess the same citizenship and residency requirements imposed upon the corporate applicant.
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#10-0271
A public body may amend the posted agenda following the procedure outlined in La. R.S. 42:19(A)(1)(b)(ii). The remedies available for a violation of the Open Meetings Law may be found at La. R.S. 42:26.

#09-0267A
We conclude that unless they apply for and meet the specific qualifications for a state-wide peace officer commission from the Superintendant of State Police under La. R.S. 40:1379.1, levee district police officers are limited to the jurisdictional boundaries of their respective levee districts when performing their duties as set forth in La-R.S. 38:326.
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#10-0095
Property that was sold for both city and parish taxes in May of 2008 must be assessed on the parish and municipal tax rolls in the name of the parish tax purchaser—whose taxes were not redeemed—despite the fact that the city taxes were redeemed by the original owner.
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#10-0216
The Caldwell Parish Police Jury may enter into a servitude or right of way to construct and maintain a private road to be used as an emergency access route to and from Caldwell Parish High School, Caldwell Parish Junior High, and Caldwell Parish Preschool, since such an expenditure appears to meet the requirements of La. Const. art. VII, § 14. Any servitudes or rights of way granted by private landowners to the parish for the construction of the private emergency road should be written and specify any permissible or non-permissible uses of the servitude itself.
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#10-0138
The requirements to form a valid performance-based energy efficiency contract are set by statute. Pursuant to statute, the annual energy cost savings must be guaranteed. There is no prohibition against having stipulated savings. However, these stipulated savings must be measured and verified and the contract must contain a mechanism to require a reimbursement for any deficiency and/or default.
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#09-0294
Where a drainage district that requires leveeing and pumping, under Title 38, Chapter 6 of the Louisiana Revised Statutes, acquires property in its district by tax sale, then all right, title, and interest is ratified and confirmed to the district after expiration of the three year redemption period. The drainage district then has the right to sell that property at public or private sale, in whole or in such parts as deemed proper and advisable by the district, and under terms and conditions deemed advisable by the district.
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#10-0125
The Louisiana Constitution provides a prohibition for a political subdivision of the state to conduct raffles. Because neither the boards of the Jackson Parish Police Jury, not the police jury itself, meet the requirements to apply for and receive a charitable gamming license to conduct games of chance, such public bodies are precluded from conducting games of chance as a fundraiser. This preclusion would exist whether the public body used its own money or property to award prizes, or it used money or property donated to it to award prizes.
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#09-0292A
It is not mandatory—but strongly advisable—for a fire protection district parcel fee “to be carried on the tax rolls for the parish in which such district is located and collected at the same time as parish ad valorem taxes.” Also, a motor vehicle is not included in the items that must be provided to assessors by their parish governing authority under La. R.S. 33:4713. Recalls Atty. Gen. Op. No. 09-292 in part.
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#10-0073
The Vermilion Parish Police Jury may not levy ad valorem taxes on property located within the City of Abbeville for flood protection projects.
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#10-0116
The Board of Commissioners of the Ascension Parish Fire Protection District No. 3 must first obtain approval of the Ascension Parish Council in the form of an ordinance before submitting a proposition to levy ad valorem taxes to the electors of that district. Additionally, the fire district must first obtain the approval of the State Bond Commission pursuant to La. R.S. 39:1410.61.
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#10-0124
If a public health emergency is determined to have occurred or a threat thereof is imminent, the Governor has the sole authority to declare a public health emergency under Louisiana Health Emergency Powers Act. Any operational activity in response to a declared public health emergency must be approved and/or directed by the Governor’s Office of Homeland Security and Emergency Preparedness. The immunity provisions contained in La. R.S. 29:735 are afforded to anyone engaged in any homeland security and emergency preparedness activity after a public health emergency is declared, except in cases of willful misconduct.

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#10-0299

90-A-2 Public Funds – Loan, Pledge or Grants
La. Const. art. VII, § 14
Article VI, Section 14(A) of the Louisiana Constitution prohibits the payment of a bonus, or any other gratuitous unearned payment, to public employees. Payments of additional compensation to public employees, in order to be constitutionally valid, must be in the form of prospective salary increases. Article VII, Section 14(A) of the Louisiana Constitution prohibits supplemental salary payments made for purposes of retaining the employment of current public employees.