Attorney General Opinions
Below are the latest opinions related to local government:
 
#14-0064     Utilities
#14-0069     Water Districts
#14-0073     Taxation
#14-0075     Dual Officeholding
#14-0091     Schools & School Districts

   
To read the opinion summary, choose the appropriate category from the drop down menu.
 
To read the full opinion, go to www.ag.state.la.us/Opinions.aspx.
 
Last updated:  7/3/2014

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Ad Valorem Taxes<< Back To Top
DateArticle
12/19/2013  #13-0211
 All of the requirements of La. R.S. 47:2302 and La. R.S. 47:2303 must be met in order for land to qualify for use value assessment for ad valorem tax purposes. Also, proximity to commercial and residential properties is largely irrelevant when determining whether land that has not been recently sold qualifies for use valuation.
Aeronautics, Public Lands<< Back To Top
DateArticle
12/13/2013  #13-0188
 
11/14/2012  #12-0191
 The East Baton Rouge Parish Assessor may continue to pay health insurance premiums of an employee on long-term disability for a period of twelve months.
Arrests/Criminal Law<< Back To Top
DateArticle
9/13/2013   #12-0208
 La. R.S. 14:63.3 prohibits pedestrians from remaining on public property at a time when the public property is not open to pedestrian use, and where the pedestrian has been requested to leave by a law enforcement officer but has refused to leave. This provision would apply to allow law enforcement officers to re-open a public roadway, which was previously closed to traffic and open only to public pedestrian use during an authorized festival. La. R.S. 14:100.1 may also serve as a basis to clear roadways and sidewalks of festivalgoers to remove obstacles to their normal use.
Assessors, Exemptions, Taxes<< Back To Top
DateArticle
5/15/2012   #11-0169
 Answers numerous questions related to the tax valuation of oil and gas production equipment and components.
5/8/2012   #11-0169
  Answers numerous questions related to the tax valuation of oil and gas production equipment and components. 
Bonds-Local<< Back To Top
DateArticle
4/30/2014   #14-0039
 

Police Jury may continue to expend public funds to maintain a bridge only if, in the opinion of the Police Jury, such work will further the interests of the parish or parish road system. Police Jury may formally abandon a bridge that has been tacitly dedicated by a formal act of revocation or clear and established proof of intent by the Police Jury to abandon

Building Code<< Back To Top
DateArticle
3/17/2014   #13-0129A
 

A commercial contractor, residential contractor, or homeowner may establish agreements with certified third-party providers to conduct plans reviews, inspections, and enforce the state uniform construction code, provided such contractor or homeowner was exempt from the contractor licensing law pursuant to La.Rev.Stat. 37:2170.

Cemeteries<< Back To Top
DateArticle
8/20/2013   #13-0120
 The curation and possession of a grave marker that was not intentionally or criminally moved from a grave space does not constitute desecration. In addition, such possession and curation is not restricted by the Louisiana Cemetery Act
Civil Service Commission<< Back To Top
DateArticle
11/16/2013  13-0194
 

The New Orleans City Council may consider two names submitted forfilling a vacancy on the Civil Service Commission by the president ofLoyola University, despite the fact that the law requires three namesbe submitted. Further, if the third name is submitted beyond thedeadline established by La.Const. art. X, § 4, yet prior to the Councilmaking a decision, the Council may consider the third nominee.Finally, since the Council has three names submitted by the presidentof Loyola University in its possession prior to its deadline for namingan individual to fill the vacancy, even if one name was submitted late,it is the opinion of this office that the Council may not select someonenot on the list

Clerks of Court<< Back To Top
DateArticle
9/3/2013   #13-0094
 The East Baton Rouge Parish Clerk of Court's Office may pay one hundred percent of the insurance premium costs for certain, already retired, clerks and employees.
Coastal Resources<< Back To Top
DateArticle
5/7/2013   #12-0166
 The Office of Coastal Management may use servitudes or cooperative endeavor and interagency agreements to provide long-term protection to private or public property for wetlands created through projects constructed under the office's In-Lieu Fee Instrument program.

Constitutional Law<< Back To Top
DateArticle
2/1/2014   #13-201
 City of Thibodaux's proposed ordinance restrictingthe location of new gaming establishments withmore than three (3) video poker machines withinthe City's jurisdiction and authority
10/1/2013   #13-0124
 In light of the United States Supreme Court decision in Shelby County, Louisiana is no longer a covered jurisdiction under Section 4(b) of the Voting Rights Act ("VRA”) and is not required to obtain preclearance pursuant to Section 5 of the VRA prior to implementing any new voting qualification or prerequisite to voting, or standard, practice, or procedure.
6/26/2012   #11-0215
 

The City of Tallulah may enact a personnel policy that regulates the rights of employees to engage in political activity.

Coroners & Public Funds<< Back To Top
DateArticle
2/19/2014   #13-0127A
 Commitment fees for Coroner's Emergency Certificates and Physician's Emergency Certificates issued pursuant to La. R.S. 28:53 are to be paid by the parish of the committed individual's domicile or residency. Commitment fees for judicial commitments are to be borne first by the family of the committed individual and secondly by the domiciliary parish (residents) or the Department of Health & Hospitals (non-residents).
8/20/2013   #13-0002
 

The coroner with custody over abandoned human remains of someone who died insolvent has the authority, in the absence of a declaration by the deceased or the express wishes of the family, under La. R.S. 9:1551 to dispose of such an individual's remains pursuant to La. R.S. 13:5715 when those with the right to control the remains refuse to assume such control. Cremation is permissible. The reimbursement for costs for funeral homes is not covered by the law and is dependent on general tort and contract theories.

5/9/2013   #05-0263
 Parish must reimburse sheriff for all expenses incurred for physician emergency certificate (PEC) transport when patient is resident of parish. If patient is not a resident of parish, sheriff must seek reimbursement from patient's parish of appropriate state agency.

Coroners, Compensation & Fees<< Back To Top
DateArticle
10/1/2013   #13-0127
 When a deceased resides within the geographic limits of an incorporated municipality, the municipality must bear the costs of laboratory fees associated with that person's autopsy. However, when an individual resides outside of the geographic limits of an incorporated municipality, the parish must bear the costs of laboratory fees associated with that person's autopsy. In contrast, the parish alone is responsible for the fees associated with a coroner's commitment.
6/19/2013   #12-0231
 

The St. Charles Parish President is required to enforce Ordinance No. 12-11-1 which provides funding for health insurance and retirement benefits for the Coroner's Office.

3/15/2013   #12-0231
 The St. Charles Parish President is required to enforce Ordinance No. 12-11-1 which provides funding for health insurance and retirement benefits for the Coroner's Office. Pursuant to, La. R.S. 11:1921 it is mandatory that St. Charles Parish allow employees of the Coroner's Office the option to participate in PERS.
10/9/2012   #12-0102
 Pursuant to R.S. 13:5705, coroners are authorized to appoint one or more deputy or assistant deputy coroners and necessary ancillary personnel for their office. If the parish coroner is a salaried position, then the coroner or the parish governing authority may pay the deputy or assistant deputy coroners; however, the parish governing authority shall compensate all other ancillary employees of the coroner’s office pursuant to an established arrangement entered into between the coroner and the parish governing authority that is approved within the parish’s fiscal budget. Once approved, the Parish President may not independently refuse to compensate these employees when funding is available, unless the parish charter provides otherwise.
Courts & Judges<< Back To Top
DateArticle
7/2/2013   #13-0042
 The use of electronic means of transmitting authorized drug testing results does not violate HIPAA, or any current State or Federal laws, provided that the confidentiality of those results remain protected. Any disclosure of these results would be subject to any privacy laws and concerns set forth under both Louisiana and Federal law.

District & Prosecuting Attorneys<< Back To Top
DateArticle
2/27/2014   #13-0230
 

As a result of Hurricane Katrina, St. Bernard Parish lost all localcopies of the official publications and legal notices from the officialjournal. Consistent with La. R.S. 16:16(B), funds collected pursuantto La. R.S. 16:16(A) may be used by the district attorney at hisdiscretion to defray expenses of his office. It is permissible for theDistrict Attorney for the Parish of St. Bernard to expend funds toobtain past issues of the St. Bernard Voice, the official journal of St.Bernard Parish

Drainage & Drainage Districts<< Back To Top
DateArticle
11/5/2012   #12-0185
 The Caldwell Parish Police Jury may enter onto private property for the purposes of maintaining, opening, and performing all work to improve the efficiency of natural drainage subject to the constitutional restraints of due process and compensation.
10/2/2012   #12-0167
 The City may enter into a cooperative endeavor with private individuals to place culverts in any ditch within its jurisdiction, provided that the expenditure is for a public purpose and that the City is reimbursed for the actual costs associated with the placement of the culverts.
Dual Officeholding<< Back To Top
DateArticle
6/20/2014   14-0075
 

107 SHERIFFS - Constables & Marshals

La. R.S. 36:4; La. R.S. 36:401; La. R.S. 42:61, et seq.

An elected chief of police of the Town of Cottonport is not prohibited by the dual officeholding and dual employment law from simultaneously holding a part-time position in the government of this state, pursuant to the exception of La. R.S. 42:66(N) that applies to a municipality with a population of 6,500 or less according to the 1990 federal decennial census.

6/12/2014   #14-0058
 

La. Const. art. V, § 28 La. R.S. 13:910 La. R.S. 14:138 La. R.S. 42:61, et seq. The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full time employee of the District Attorney’s Office from being deputized as a part time deputy Clerk of Court for the limited purpose of executing subpoenas in two different parishes.

6/12/2014   #14-0066
 

107 SHERIFFS - Constables & Marshals La. R.S. 42:61, et seq. The provisions of the Dual Officeholding and Dual Employment Law prohibit a Louisiana State Parks full-time employee from simultaneously serving as an elected constable.

5/29/2014   #14-0006
 

The provisions of the Dual Officeholding and Dual Employment Law prohibit a full-time employee of the Assessor’s Office from holding elective office at the parish or state level simultaneously.

5/19/2014   #13-0220
 

The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., prohibits the clerk of court of the Pineville City Court from simultaneously holding the full-time employment office of misdemeanor probation officer.

5/19/2014   #13-0220
 
4/1/2014   #14-0016
 

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Trustees of the Teacher’s Retirement System of Louisiana from also serving on the Louisiana Community and Technical College SystemBoard. La. Atty. Gen. Op. No. 02-0331 is recalled.

4/1/2014   #14-0026
 

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a part-time police officer from simultaneously serving as a part-time reserve sheriff’s deputy while also holding elective office as a constable of a justice of the peace court.

3/26/2014   #14-0012
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit the Bogalusa City Marshal, whether appointed or elected, from simultaneously serving as a part-time probation officer for the Bogalusa City Court.

3/19/2014   #14-0006
 

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full-time employee of the Assessor’s Office from holding elective office simultaneously. Yet, the provisions do prohibit such an employee from holding a state level elective office.

3/13/2014   #14-0017
 

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full-time employee of the Acadia Parish Police Jury from holding elective office in Village of Estherwood and part-time employment with the Acadia Fire Protection District #5.

2/27/2014   #13-0177
 

The provisions of the Dual Officeholding and Dual Employment Lawdo not prohibit a local elected official from holding employment in aseparate political subdivision.

2/13/2014   #14-0002
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a local elected city council member from also serving on the Board of Directors for the Council on Aging St. Tammany.
10/13/2013  #13-0144
 

The Facilitator of Research-Based Educational Practices at LSU HSCNew Orleans is employed in a professional educational capacity for thepurpose of La. R.S. 42:66(B).

10/1/2013   #13-0122
 The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit the Mayor of the Town of White Castle from simultaneously holding a part-time or full-time position of employment as a school teacher with a local school board.
9/12/2013   #13-0053
 An elected member of the Board of Aldermen for the Town of Welsh may serve as a reserve police officer for the Welsh police department without violating the dual officeholding statutes as he receives no compensation in the latter position.
8/27/2013   #13-0084
 The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit the Chief of Police of the Town of Coushatta, a full-time appointive position, from simultaneously being employed as a full-time school teacher with the Red River Parish School Board.
8/9/2013   #13-0105
 

The provisions of the Dual Officeholding and Dual Employment Law donot prohibit an elected Jackson Parish School Board member fromsimultaneously holding a part-time appointive position on the JacksonParish Watershed District the Board of Commissioners.

7/2/2013   #12-0234
 It is this Office's opinion that it is permissible for an attorney, who currently serves in an appointive position as the head of Code Enforcement for the City of Kenner, to contemporaneously serve on a volunteer basis as an uncompensated hearing officer for the Kenner Housing Authority to rule on grievances brought by tenants of both Kenner Public Housing and the Section 8 program, as long the latter position is not a full-time appointive position.
7/2/2013   #13-0069
 The Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq., do not prohibit a Fire Captain with the City of Crowley Fire Department who works full time in that position, from serving part time on a Fire Protection District Board covering another area of Acadia Parish.
7/2/2013   #13-0077
 The Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq., do not prohibit an elected member of the Monroe City Council from holding a part time appointive position on the G. B. Cooley Hospital Service District Board.
5/2/2013   #12-01014
 State legislator may not at the same time hold part-time or full-time appointive office as deputy sheriff.
5/2/2013   #12-01014
 
4/16/2013   #13-0032
 An elected school board member may simultaneously hold a part time appointive office with the district attorney's office.
4/16/2013   #13-0041
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full time employee of the District Attorney's Office from being appointed as a part time deputy clerk.
4/2/2013   #13-0033
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full time employee of a local municipality from being appointed to a part time position on a local board.
3/12/2013   #13-0028
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a part time assistant district attorney from working as the city attorney through his private practice work.
2/26/2013   #12-0247
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full time local employee, who is also a local elected official that sits on a local appointive board from working part time for the local school board.
2/26/2013   #13-0021
 The provisions of the Dual Officeholding and Dual Employment Law prohibit a full time firefighter from holding a second full time position as a firefighter in a different department.
2/26/2013   #13-0022
 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit an elected official from serving on the Southern University Foundation Board.
1/29/2013   #12-0237
 An elected alderman of the City of Bunkie is not prohibited by the dual officeholding and dual employment law from simultaneously holding a full-time position in the government of this state, pursuant to the exception of La. R.S. 42:66(N)that applies to a municipality with a population of 6,500 or less according to the 1990 federal decennial census.
1/9/2013   #12-0222
 A deputy sheriff working full time for the St. Tammany Parish Sheriff's Office is not prohibited by the dual officeholding and dual employment law from simultaneously holding the elective office of alderman for the Town of Abita Springs, pursuant to the exception of La. R.S. 42:66(L)(1) that applies to a municipality with a population of 2,500 or less according to the latest federal decennial census.
1/9/2013   #12-0240
 The provisions of the Dual Officeholding and Dual Employment Law prohibit an elected school board member from simultaneously holding a full-time appointive position in the government of this state.
12/18/2012  #12-0241
  The dual officeholding law does not prohibit a member of the State Legislature from entering into a contract with a local governing body for the purposes of providing professional legal services in the area of worker’s compensation law.
11/5/2012   #12-0144
 One may hold both the elected position of constable and the appointive position of full-time deputy sheriff only if both positions were held prior to January 1, 1997 and the jurisdictional population requirements of La. R.S. 42:66(L)(2)(a) are met. However, there are no restrictions on holding both the elected position of constable and the appointive position of part-time deputy sheriff at the same time.
10/9/2012   #12-0175
 La. R.S. 42:62, 63, and 66 The dual officeholding law does not prohibit a deputy sheriff working full-time for the East Feliciana Parish Sheriff's Office from simultaneously holding the elective office of alderman for the Town of Clinton, a municipality with a population of 2,500 or less according to the latest federal decennial census.

10/2/2012   #12-0153
 The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit one from accepting a part-time local position on the Ascension Parish Industrial Development Board while simultaneously holding a full-time appointive office with the Ascension Parish Sheriff’s Office.

9/14/2012   #12-0141
 

An elected school board member may hold full-time employment with the parish police jury as the positions are held in separate political subdivisions. An elected school board member may not legally hold any office or employment with the clerk of court or assessor’s office.

7/17/2012   #11-0272A
 The state law governing the municipal fire and police civil service places part-time employees in the unclassified service.

7/17/2012   #12-0031
 Because one position would be held on a part-time basis, La. R.S. 42:63(E) of the state dual officeholding and dual employment law does not prohibit one from holding either fulltime employment or full-time appointive office as deputy assessor with the assessors' office while at the same time serving as a part-time appointed member of one of the local governing boards referenced.
7/17/2012   #12-0067
 The Louisiana Dual Officeholding and Dual Employment Law does not prohibit an individual from serving in a part-time appointed capacity as Chief Death Investigator for the West Feliciana Parish Coroner's office, while also holding the elective office of justice of the peace; however, because an elected justice of the peace is governed by the Code of Judicial Conduct, the Judiciary Commission should be consulted for resolution of the issue.

7/17/2012   #12-0087
 State law governing dual officeholding and dual employment does not prohibit one from serving as a member of the City of Ponchatoula Council while at the same time holding a full-time and non-deputized position of employment with the Tangipahoa Parish Sheriff's office.

7/17/2012   #12-0104
 State legislator may not at the same time hold part-time or full-time appointive office as deputy sheriff.

6/27/2012   #12-0090
 

Full-time fire chief may not simultaneously hold another full-time employment.

6/27/2012   #12-0105
 

A member of the board of a nonprofit homeowner’s association is not prohibited by the state dual officeholding laws from at the same time holding state employment.

6/26/2012   #12-0103
 

The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit one from holding full-time employment with Evangeline Parish as Public Works Director while at the same time holding the part-time appointive office of member of the Te Mamou Water District Board.

6/18/2012   #12-0088
 An employee of a school board is not, in general, prohibited from holding at the same time local elective office in a political subdivision other than the school board, with the caveat that no sheriff, assessor, or clerk of court shall hold any office or employment under a school board. An employee of a school board is generally prohibited from holding at the same time state elective office, with the notable exception in the law that permits one to hold state elective office and employment with a school board if the person is employed there in a professional educational capacity.

6/18/2012   12-0070
 The mayor for the Town of Plain Dealing is prohibited from at the same time holding a position of employment with the municipality. 

5/15/2012   #12-0069
 The provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., are applicable to the holding of two or more public offices and/or employments, but are inapplicable where one of the two positions is held on a contract basis. Thus, the dual officeholding statutes would not prohibit an elected councilman of the City of Crowley from at the same time serving as the Acadia Parish attorney on a contract basis.
5/15/2012   #12-0077
 Alderman for the Town of Independence may at the same time hold full-time employment with the City of Amite while at the same time serving as part-time deputy sheriff for the Tangipahoa Parish Sheriff's Office without violating the prohibitions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq.
5/10/2012   #12-0069
 The provisions of the Louisiana Dual Officeholding and Dual Equipment Law, La. R.S. 42:61, et seq., are applicable to the holding of two or more pubic offices and/or employments, but are inapplicable where one of the two positions is held on a contract basis. Thus, the dual officeholding statutes would not prohibit an elected councilman of the City of Crowley from at the same time serving as the Acadia Parish attorney on a contract basis. 
5/10/2012   #12-0077
 Alderman for the Town of Independence may at the same time hold full-time employment with the City of Amite while at the same time serving as part-time deputy sheriff for the Tangipahoa Parish Sheriff's Office without violating the prohibitions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et. seq.
5/8/2012   #12-0050
 

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.

5/8/2012   #12-0051
 

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.

5/2/2012   #12-0050
 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. 
5/2/2012   #12-0051
 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. 
Educ., Health & Public Welfare<< Back To Top
DateArticle
5/10/2012   #11-0057
 Child care facilities including quasi-governmental facilities, that meet the definition of a day care are subject to licensure requirement, regardless of whether they are operated by governmental, non-profit or for profit agencies. 
Elections<< Back To Top
DateArticle
8/20/2013   #13-0076
 A special service district can continue to levy taxes in the annexed area for the retirement of any outstanding tax-secured bonds of the district and may continue to levy such maintenance tax as has been authorized for the full period of such authorization.Jefferson Parish Councilrecently passed an ordinance which classifies the debt as continuing and the maintenance as ongoing. Residents of Timberlane Subdivision may vote for the renewal of the water and sewer millages.
10/15/2012  #12-0193
 

The Secretary of State shall not certify any candidate for a postponed election until the general election has been held, if the Secretary of State cannot immediately determine which office and term of office to which a newly elected official has been elected.

7/20/2012   #12-0146
 The Petition to Recall Judy Tillman, Mayor, Village of Heflin, Parish of Webster, 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. (Bryan)
Elections & Public Records<< Back To Top
DateArticle
11/27/2012  #12-0201
 Act 213 of the 2012 Regular Louisiana Legislative Session repealed the provision of La. R.S. 18:1311 which required a registrar to compile a list of individuals who have applied to vote absentee by mail immediately upon receipt of such application. If a registrar of voters has not created a list of individuals who have applied to vote absentee by mail, the Public Records Act does not require the registrar to create such a list. However, a requestor can still inspect the applications of individuals who have applied to vote absentee by mail, subject to the restrictions described by La. R.S. 18:154 and any necessary redactions of private information contained within the applications.

Elections & Recalls<< Back To Top
DateArticle
4/9/2014   #14-0050
 

The "Petition to Recall Alvin Jackson, Mayor, Town of Richwood, Parish of Ouachita,” does not meet 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

6/25/2013   #13-0091
 The Petition to Recall Carlette Sanford, Selectman for District 4, Town of Homer, Parish of Claiborne, does not meet 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.
6/25/2013   #13-0092
 The Petition to Recall Linda Ferrell Mozeke, Selectman for District 1, Town of Homer, Parish of Claiborne, does not meet 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.
6/25/2013   #13-0093
 The Petition to Recall Patricia K. Jenkins, Selectman for District 5, Town of Homer, Parish of Claiborne, does not meet 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.
2/27/2013   #13-0029
 The Petition to Recall Michael Marbut, Chief of Police, Village of Robeline, Parish of Natchitoches, does not meet 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.
12/18/2012  #12-0238
  The Petition to Recall Stephone Taylor, Mayor, Town of Ringgold, Parish of Bienville, does not meet 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.
12/5/2012   #12-0220
 

The Petition to Recall Judy Tillman, Mayor, Village of Heflin, Parish of Webster, 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.

Employee & Departments<< Back To Top
DateArticle
12/13/2013  #13-0188
 Louisiana Revised Statute 42:1414 requires the removal an employee of "the state, district, parish, ward, or municipality” upon a conviction of a felony during employment. Although La. C.Cr.P. art. 893 allows a judge to set aside a conviction under certain conditions in the future, a final conviction of a felony under La. C.Cr.P. art. 893 during public employment requires termination of employment.
Fees & Costs<< Back To Top
DateArticle
2/26/2014   #14-0001
 

Absent a contractual agreement, La. R.S. 15:824(B)(1)(c) doesnot authorize reimbursement of emergency medical expensesfor inmates committed to the Department of Public Safety and Corrections at the Medicaid rate.

According to the provisions of La. R.S. 15:824(B)(1)(c), the Department shall not beliable for an amount greater than the lesser of the actual amount billed by the healthcare provider, one hundred ten percent of the Medicare rate of compensation, or thehealth care provider's actual costs, unless the parties contracted for reimbursement at adifferent rate.

5/28/2013   #13-0049
 Judgments of bond forfeiture that are rendered after June 22, 1993 and result from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana may not be collected by the clerk of court but instead by prosecuting atty
Fines & Forfeitures<< Back To Top
DateArticle
4/14/2014   #13-0217
 When a person is convicted of a first or second traffic offense, the fine set forth in La. R.S. 32:295.1(G)(1) is inclusive of all court costs, including the crime stoppers cost of court provided for in La. C.Cr.P. art. 895.4(I) and the jury compensation cost of court provided for in La. R.S. 13:3049(e)(1). If a person is convicted of a third traffic offense, then La. R.S. 32:295.1(G)(1)(c) allows the crime stoppers and jury compensation costs to be assessed in addition to the $50 fine assessed against the defendant.
Fire Districts & Taxation<< Back To Top
DateArticle
4/16/2013   #13-0031
 

Service charges imposed by fire protection districts under La. R.S. 40:1502.1 are specific taxes and thus are not subject to the provisions of law governing ad valorem taxation, such as La. Const. art. VII, § 21. Therefore, a residential or commercial structure exempt from ad valorem taxation under La. Const. art. VII, § 21 is not exempt from a service charged imposed under La. R.S. 40:1502.1.

Fire Protection & Public Funds<< Back To Top
DateArticle
5/29/2013   #12-0225
 

Related to the Bayou Blue Fire Protection District of the Parishes of Terrebonne and Lafourche.

Fire Protection District<< Back To Top
DateArticle
4/2/2013   #13-0009
 Pursuant to La. R.S. 33:386, it is the opinion of this Office that the Mayor of Simsboro, subject to the approval of the Board of Aldermen, may appoint a Commissioner to serve on the Lincoln Parish Fire District No. 1 Board of Commissioners when a vacancy occurs. It is also this Office’s opinion that pursuant to La. R.S. 42:64(A)(1), the Mayor of Simsboro may not simultaneously hold a position as Commissioner on the Lincoln Parish Fire District No. 1 Board of Commissioners.
Fire Protection/Police Service<< Back To Top
DateArticle
10/10/2012  #12-0172
  One classified full-time employee within a fire protection district establishes a regularly
paid fire department which requires the creation of a classified system.
Firearms<< Back To Top
DateArticle
8/21/2013   #13-0109
 La. R.S. 14:95.5 provides a general prohibition against possessing a firearm on the premises of any commercial establishment in which alcoholic beverages are sold in individual servings for consumption on the premises, subject to certain exceptions contained in La. R.S. 14:95.5(C), one of which applies to a law enforcement officer acting in the performance of his official duties.
Highways<< Back To Top
DateArticle
1/16/2014   #13-0181
 A parish governing authority may expend Parish Transportation Fund monies to perform maintenance work on state highway right-of-ways only for the purposes set forth in La. R.S. 48:753(A)(6) that relate to culvert installation, ditch cleaning, and pothole patching, but may not be used to improve and landscape state highway rights-of-way.
8/9/2013   #13-0004
 

Therefore, the St. Charles Parish Council can passordinances to install multi-way stops upon highways within itsjurisdiction without having to adhere to the "guidance” statements asset forth in the MUTCD, including the use of an engineering study orengineering judgment.

11/5/2012   #12-0170
 A political subdivision cannot obtain an ownership interest in a road via acquisitive prescription. Ownership does not suffer any changes or transfers by the mere annexation of the property.
8/13/2012   #12-0128
 Once a Parish maintains a road for more than three years with the knowledge of theprivate owner, that road is considered a public road and becomes a part of the parishroad system. The Parish may not abandon its maintenance of the road except asprovided by law and after a declaration that the road is no longer needed for publicpurposes.
Home Rule Charter<< Back To Top
DateArticle
4/15/2014   #14-0013
 The Parish President, pursuant to his general executive authority granted by the Parish Charter, may select persons or firms to provide professional services to the Parish. However, the Parish President may not sign a contract for professional services without the Council’s approval if the contract does not fall under a budgeted account. The charter also authorizes the Council to retain a special attorney to represent the Parish in special matters. Finally, the Parish President is the proper person to sign a compromise on behalf of the Parish; however, the issue regarding who may authorize the terms of the compromise depends on the contents of the agreement. The motion passed by the police jury at their October 21, 2013, meeting to fund a construction project was not a valid appropriation under the Louisiana Local Government Budget Act, and therefore the Parish President is not required to fund the project.
3/19/2014   #13-0205
 

The St. John the Baptist Parish ordinance which requires salary increases for Parish Directors and/or Administrative employees be approved by majority vote of the Council conflicts with the Parish’s home rule charter and is therefore invalid and without effect.

12/12/2013  #13-0151
 The St. John the Baptist Parish President may hire an assistant as an employee of the Parish responsible to him alone outside of the requirements of the Parish Civil Service System when that employee is employed on a temporary basis.  Section 2-107 of the St. John the Baptist Code of Ordinances conflicts with the St. John the Baptist Home Rule Charter and should be considered invalid and without legal effect. 
4/16/2013   #13-0003
 The Louisiana Constitution does not forbid the inclusion of the secretarial and clerical staff of the Jefferson Parish President, Parish Council, or Parish Attorney in the Parish Civil Service. However, Section 23-21 of the Code of Ordinances excludes the Parish Attorney and his "legal assistants” from being part of the Jefferson Parish Civil Service. The term "legal assistants” includes the position of legal secretary but does not include the positions of Clerk III, Receptionist, or Typist Clerk I, II, III. The inclusion of any of the positions listed in La.Const. art. X, § 2 in a local civil service system would be inconsistent with the Louisiana Constitution.
1/29/2013   #12-0224
 The St. Landry Parish President may not delegate the duties of the Chief Administrative Officer as set forth in Section 4-03 of the St. Landry Parish Home Rule Charter unless the position of Chief Administrative Officer is activated by the Council and the appointee approved by the Council in accordance with Section 4-02 of the Parish Charter. The St. Landry Parish Council may compel the Parish President to perform ministerial duties through a writ of mandamus.
11/27/2012  #12-0075
 In accordance with the Iberia Parish Charter, the District Attorney is the official legal adviser for the Parish, including the President. The Parish may retain special counsel when authorized and approved by the Council. Hiring a private attorney to serve as legal adviser for the President without obtaining prior approval from the Council would constitute a violation of the Charter.
10/9/2012   #12-0133
 The Parish President has the authority to select and hire consulting engineers and contract for architectural services for the Parish based on the St. Charles Parish Home Rule Charter. This authority is limited in that the funds for the services must be appropriated by the Parish Council.
9/25/2012   #12-0078
 The Iberia Parish Council cannot usurp the power of the Parish President to make specific salary determinations of executive employees. Further, the Parish President’s authority to create new positions rests on the specifics of the position created. The Parish President does not have the authority to terminate most executive employees without just cause. The Iberia Parish Council’s ability to validly enter into executive session rests on whether it had a valid justification for going into executive session under La. R.S. 42:17(A). The assignment of municipal risk litigation special counsel is a power reserved for the Iberia Parish Council.
8/14/2012   #12-0140
 The actions of the Mayor and the Council as to appointments on June 26, 2012, wereconsistent with the City of Baker’s Home Rule Charter, which authorizes the Mayor tomake appointments of City Attorney and City Treasurer subject to concurrence of theCouncil and the authority of the Council to make appointments of City Clerk and CityAuditor.
6/20/2012   #12-0071
 Pursuant to La. R.S. 16:2, a home rule charter parish, which authorizes the retaining or employing in its charter to hire special counsel, may hire special counsel without following the requirements of La. R.S. 42:263. However, any payment must be in compliance with the home rule charter and La. Const. art. VII § 14.

6/7/2012   #12-0080
 A parish operating under a home rule charter that specifically authorizes it to hire special counsel does not have to follow the requirements of La. R.S. 42:263 when hiring special counsel. Further, such a parish may pay special counsel a monthly fee if it ensures the payment is reasonable and necessary and will not violate La. Const. art. VII § 14.
4/10/2012   #11-0197
 

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.

4/10/2012   #11-0239
 

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.

Homestead Exemption<< Back To Top
DateArticle
11/2/2013   13-0110
 

A bona fide homestead under La. Const. art. VII, § 20(A)(1) that has been transferred toa LLC by the immediate prior owner, who is a natural person who retained a usufructover the property after the transfer, and also qualified for the homestead exemptionbefore transferring the property to the LLC, and who also continues to occupy theresidence, is not eligible for the homestead exemption.

1/29/2013   #12-0212
 If property is part residential and part commercial, the assessor must apply the full amount of the homestead exemption to the value of the portion of the property that qualifies for the homestead exemption. Also, if the property owner meets all of the requirements of La. Const. art. VII, §18(G), the special assessment level would apply to the portion of the property that receives the homestead exemption but not for the portion of the property that is commercial.
6/1/2012   #12-0095
 Since the Capital Area Transit System is not a city, town or village, any special ad valorem tax levied by it is subject to the homestead exemption.

Housing Authorities<< Back To Top
DateArticle
12/5/2013   #13-0183
 Local housing authorities may not operate outside of its area of operation, as defined by La.Rev.Stat. 40:396 and La.Rev.Stat. 40:397, without the explicit agreement of the municipality or parish within whose boundaries the local housing authority intends to operate.
Insurance<< Back To Top
DateArticle
6/18/2013   #13-0070
 

each remittance advice generated by a health insurance issuer or its agent to a pharmacy or a pharmacist shall include, among other things, clearly identifying the ten cent per prescription provider fee established. (this seems more along the lines of state law)

10/17/2012  #12-0112
 

Louisiana Citizens Property Insurance Corporation may consider wind and hail portions of multiperil policies offered by qualifying insurers in setting rates for stand alone wind and hail policies pursuant to the market method set forth in La. R.S. 22:2303(A)(1)(b) as long as the rates for such policy portions were charged by qualified insurers for policies that were actually written by said insurers in the subject parish.

Insurance & Sheriffs<< Back To Top
DateArticle
5/9/2013   #05-0269
 Pertains to the liability of sheriff's offices for the payment of group health and life insurance coverage on behalf of personnel who have retired or separated from service.
Insurance & Taxation<< Back To Top
DateArticle
5/28/2013   #13-0062
 Consistent with La. R.S. 22:834, once an ordinance has been adopted for the imposition of taxes authorized by La. R.S. 22:833 and LaMATS enters into a contract with the municipality or parish for collecting such taxes, LaMATS possesses the same authority as any municipality or parish acting alone in collecting the taxes. This authority includes the ability to request access to any information regarding local taxes deemed necessary for the purpose of auditing records to ensure companies are complying with any necessary legal requirements as described by La. R.S. 22:834(B)(1).
Intoxicating Liquor and Zoning<< Back To Top
DateArticle
9/14/2012   #12-0079
 

In conducting the measurement required by La. R.S. 26:81 and La. R.S. 26:281, a zoning administrator must abide by all traffic laws.

Judges<< Back To Top
DateArticle
9/25/2012   #11-0266A
 The Louisiana Local Government Budget Act, La. R.S. 39:1301, et seq., requires political subdivisions to cause to be prepared a comprehensive budget presenting a complete financial plan for the criminal court fund for each fiscal year. Nevertheless, La. R.S. 15:571.11 contains express provisions that require the Ninth and Twenty-Fourth Judicial Districts’ respective criminal court funds to be budgeted by those respective courts and for the Second, Fifth, and Twenty-First Judicial District’s respective funds to be operated as a single account or fund. In those instances, the specific statutory provisions prevail over the Budget Act. In those instances, those specific statutory provisions prevail over the Louisiana Local Government Budget Act.
4/4/2012   #11-0266
 

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.

Justices of the Peace<< Back To Top
DateArticle
12/5/2013   #13-0197
 Collectors, rights, powers & duties, in general.  A constable of a justice of the peace court does not have the authority to use a locksmith to obtain entry into a locked building when executing a writ issued by a justice of the peace court.
Labor Laws (Military Dept)<< Back To Top
DateArticle
4/4/2012   #11-0224
 

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.

Law Officers<< Back To Top
DateArticle
12/5/2013   #13-0146
 Authority and Jurisdiction The city of Hammond may not discipline a police officer for his refusal to answer questions during a civil administrative investigation which failed to comply with the minimum standards mandated by La. R.S. 40:2531 (B), otherwise known as the police officer's bill of rights.
Laws,Fair Trade-Consumer Fraud<< Back To Top
DateArticle
9/14/2012   #12-0083
 

A legal client can be considered a "consumer” under the provisions of the Louisiana Unfair Trade Practices and Consumer Protection Act. The validity of such actions, however, are determined by the court on a case-by-case basis. As such, the applicability of the Act to attorney-client fee disputes will vary with each set of facts.

Laws- Code of Ethics<< Back To Top
DateArticle
5/1/2012   #11-0146
 
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.
Laws- Voting Rights<< Back To Top
DateArticle
7/16/2013   #13-0100
 La. R.S. 17:63 provides that the Iberville Parish School Board must develop a nine member redistricting plan pursuant to the deadline set forth in La. R.S. 17:71.3.
Leases, Levees & Drainage Dist<< Back To Top
DateArticle
5/15/2012   #12-0033
 A servitude agreement that allows for the construction of a levee roadway from privately-owned land to a privately-owned island is subject to the approval of the Reservoir District and if approved, subject to the District's statutory authority to prescribe the manner in which such a roadway may be built as well as other applicable Reservoir Rules and Regulations.

Legislature<< Back To Top
DateArticle
9/3/2013   #13-0108
 Act No. 220 of the 2007 Legislative Session specifically addresses the closure of the Huey P. Long Medical Center ("Huey P. Long”) as well as the reduction of its funding and personnel in a fiscal emergency or budget deficit. The Act does not specifically prohibit another entity from directly managing the Center nor does it explicitly prevent the privatization of Huey P. Long.
Libraries (Parish Established)<< Back To Top
DateArticle
4/23/2013   #13-0027
 La. R.S. 25:215(B)(1)-(17) permits the library board of control in seventeen parishes to assume the administrative and accounting functions related to parish library expenses. Because the Board of Control of the West Feliciana Parish Library is not included among the seventeen parishes, it must follow the general rule set forth in La. R.S. 25:215(A), which provides that the expenses and costs of maintenance of a public library "shall be paid monthly by the governing authority establishing the library,” i.e., the West Feliciana Parish Police Jury.
Licensing<< Back To Top
DateArticle
8/9/2013   #13-0113
 

The State Board of Examiners of Interior Designers is a nonelectedboard without the authority to levy a tax. Thus, Act 363 of the 2013 Louisiana Legislative Session, which requires that a nonelectedboard or commission with the authority to levy a tax video or audiorecord, film or broadcast live the proceedings of a public meeting,does not apply to the Board. However, while the Board is not mandated to do so, La. R.S. 42:23(A) still permits the Board, if it sochooses, to video or tape record, film or broadcast live theproceedings of its meetings.

1/2/2013   #12-0188
 La. R.S. 33:213 prohibits a non-lawyer from engaging in the practice of law. According to Rule 5.5(e)(3)(iii) of Louisiana’s Rules of Professional Conduct, appearing on behalf of a client before an arbitrator, operating in an adjudicative capacity, would be considered the practice of law. The parties in an employment contract and the American Arbitration Association do not have authority to override state statutes regarding the unauthorized practice of law.
7/31/2012   #11-0112
 The law does not require licensed scrap dealers to retain a motor vehicle for any particular time after purchasing said motor vehicle. Nor does the law require licensed scrap dealers to keep newly-acquired vehicles in an "as purchased” condition for any particular period of time. A motor vehicle can be an auto hulk if it is or has been a motor vehicle, it is not self-propelled nor capable of carrying persons or property upon a public highway, and it is in such condition that its highest primary value is its sale or transfer as parts or scrap metal. A licensed scrap dealer can acquire a motor vehicle from a seller without title to the vehicle only if (1) the seller is another licensed dismantler, parts recycler or motor vehicle crusher, (2) the seller delivers a permit to sell in lieu of a title, or (3) the seller delivers a permit to dismantle in lieu of a title.

Local & Municipal<< Back To Top
DateArticle
10/2/2012   #12-0154
 A Mayor-Board of Aldermen form of government operates though a system of checks and balances with the Mayor serving as the chief executive officer and the Board of Aldermen serving a legislative function. During his or her term, the Mayor may execute contracts on behalf of the Town pursuant to an ordinance, resolution, or other authorization by the Board of Aldermen. There is no express statutory authority for a member of the Board of Alderman to independently negotiate contracts on behalf of the Town.
Local Officers<< Back To Top
DateArticle
7/17/2012   #12-0111
 The language of La. R.S. 33:4702(B)(2)(c) designating appointment authority for two members of the Board of Commissioners to the senator whose senatorial district is defined as District 2 is controlling, despite the fact that New Orleans Regional Business Park is no longer located within Senate District 2. Additionally, consistent with the statutory language regarding removal, the senator for District 2 also retains the power to remove any members subject to his appointment authority. Similarly, La. R.S. 33:4702(B)(2)(g), which designates appointment authority for one member of the Board to the representative whose representative district is defined as La. R.S. 24:35.5(A)(101), now La. R.S. 24:35.2(A)(101), is controlling, despite the fact that NORBP is no longer located in State Representative District 101. Consistent with the statutory language regarding removal, the representative for District 101 retains the power to remove any members subject to his appointment authority.

Local Option & Alcohol<< Back To Top
DateArticle
11/14/2012  #12-0204
 Section 3-2 of the Code of Ordinances for the Town of Vivian is a legal and valid ordinance. A prohibition on the sale of alcohol on Sundays can be accomplished via an ordinance, and does not require a referendum voted on by the residents of Vivian. Recalls La. Atty. Gen. Op. Nos. 09-0311, 02-0454, 96-72 and 95-359.
11/14/2012  #12-0205
 The Town of Rayville may, by ordinance, repeal Section 3-2 of the Code of Ordinances of the Town of Rayville so as to allow the sale of alcohol on Sundays. Further, the governing authority for the Town of Rayville, as opposed to the Police Jury of Richland Parish, has the authority to regulate the Sunday sale of alcohol within the municipal limits. Recalls La. Atty. Gen. Op. Nos. 09-0311, 02-0454, 96-72 and 95-359.
Local Taxes<< Back To Top
DateArticle
5/15/2012   #12-0028
 Under La. R.S. 47:342(7), which generally applies to all municipalities or parishes that impose an occupational license tax, the maximum occupational license tax amount of two thousand, two hundred dollars is a cap on the license tax to be paid by a real estate broker for each business location that such broker has in a municipality or parish.
Motor Vehicle<< Back To Top
DateArticle
9/13/2013   #12-0245
 A vehicle owned by a political subdivision may be exempt from the marking and identification requirements set forth in R.S. 49:121(A)(1) if the vehicle is used in crime prevention, detection, and/or similar investigative work, and labeling and marking it would inhibit the use of said vehicle for such purpose.
Municipal Fire, Police Service<< Back To Top
DateArticle
5/20/2014   #13-0227
 
La. R.S. 40:2531 requires the recording of any questioning of a police employee or law enforcement officer during a pre-disciplinary hearing conducted by the appointing authority. Such questioning, provided it arises out of the conduct which the police employee has been noticed is the subject of the hearing, would not constitute a new investigation under La. R.S. 40:2531. Lastly, municipal fire and police civil service boards have the same power and authority as a district court to subpoena witnesses and compel the production of books and papers pertinent to any authorized investigation or hearing
3/19/2014   #13-0207
 

The provisions of La. R.S. 33:2181 (Fire Fighters’ Bill of Rights) and La. R.S. 40:2531 (Law Enforcement Officers’ Bill of Rights) are applicable to the municipal fire and police civil service board whenever it conducts investigations of fire and police classified employees with a view to disciplinary action. The phrase "police employees as defined by La. R.S. 40:1372(5),” as used in La. R.S. 40:2531, applies only to police personnel employed by the Division of State Police in the Department of Public Safety. The phrase "law enforcement officers employed by any municipality,” as used in La. R.S. 40:2531, applies to all police employees, including the elected or appointed head of a law enforcement department, who are authorized to make arrests, perform searches and seizures, or execute criminal warrants, and who are responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state.

2/13/2014   #13-0103
 The City of Baker's proposed emergency pay policy does not violate statutory provisions relative to overtime and holiday compensation for Police and Fire Department employees, but should include the language from La. R.S. 33:1966, which allows firemen, who are on continuous duty during emergencies, time off to go home for three meals daily.
7/2/2013   #13-0036
 The New Iberia Municipal Fire and Police Civil Service Board will remain a five member board despite the abolishment of the municipal police department. The governing body will not be able to make the appointment from the police department as set forth in La. R.S. 33:2476 (3); therefore, the position that can only be filled from the ranks of the police department will be vacant. Although the board will contain a vacancy, the definition of a quorum does not change.
5/2/2012   #11-0153
 The state municipal fire and police civil service law does not allow the local fire and police civil service board to make a provisional appointee's examination score retroactive to the date it could have been approved, where an employee is provisionally eligible for appointment. 
Municipalities<< Back To Top
DateArticle
6/12/2014   #14-0037
 

La. R.S. 32:318 La. R.S. 3:2501 Once town owned equipment has been properly designated for use by the police department, neither the Mayor nor the Board of Aldermen can take the equipment back absent the approval of the elected Chief of Police.  The Town of Ball Zoning Administrator / Animal Control Officer is not a law enforcement officer and therefore may not operate or use a vehicle with blue lights.

5/16/2014   #14-0028
 Absent a formal policy, legal custom, or practice, the City of Central is not required to compensate employees for unused sick leave upon separation. However, pursuant to La. R.S. 23:631 employees are entitled to compensation for unused annual leave which must be paid upon separation. A formal policy cannot be made retroactive or deny employees any of the leave previously accrued.
1/16/2014   #13-0165
 Under La. R.S. 13:1898(A), the Town of Jackson may not use a collection agency to collect unpaid traffic fines other than parking violations.
1/16/2014   #13-0206
 The City of New Roads has the authority to create, maintain, and contract for its own waste collection and disposal. The Parish of Pointe Coupee does not have the authority to contract with a vendor to provide waste collection and disposal services for households in the City of New Roads without the authorization of the New Roads City Council and the signature of the Mayor of New Roads.
12/5/2013   #13-0175
 

The amendment to the City of Mansfield's Legislative Charter is consistent with the constitution and laws of the United States and Louisiana.

10/1/2013   #13-0095
 The Mayor may not veto the Board of Aldermen's motion to accept a timely submitted proposal for operation and maintenance of the Town's water system. The fact that the Board of Alderman's vote to accept a proposal was 3 in favor and 2 opposed is not a sufficient reason for the Mayor to refuse to sign a contract subsequently submitted to him for execution.
8/20/2013   #13-0054
 

Livingston Parish Ordinance relating to the appointment and approval power for directors and department heads

6/25/2013   #13-0055
 The Town of Coushatta's special legislative charter is silent as to the appointment process of the Town's Police Chief, Clerk, and Attorney. Therefore, La. R.S. 33:404(A)(3) controls this appointment process whereby the Mayor for the Town of Coushatta shall appoint the Town's Chief of Police, Clerk, and Attorney, subject to the Council's approval. In the event of a tie, the Mayor's recommendation shall prevail.
5/28/2013   #12-0210
 The Town of Jackson may define each day of non compliance of an ordinance as constituting separate offenses; however, the cumulative penalty the Town may impose to enforce an ordinance may not exceed a fine of $500.00 and imprisonment for 60 days under La. R.S. 33:362 (A)(2)(b).
3/26/2013   #13-0018
 The amendments to the Town of Greensburg's Legislative Charter are consistent with the constitution and laws of the United States and Louisiana.
1/9/2013   #12-0136
 An employee car allowance which is provided by the City on a regular monthly basis irrespective of the mileage actually incurred by an employee and which relates to the performance of public business constitutes compensation and not an expense reimbursement. Further, if the value of the car allowance given to certain employees of the City of Kenner is equal to or is the equivalent to the value of use of the vehicle that was previously provided the employee then such a policy change does not constitute a change in compensation that would require council approval as would otherwise be required by Section 2.13(F) of the Kenner Home Rule Charter.
8/14/2012   #12-0140
 The actions of the Mayor and the Council as to appointments on June 26, 2012, wereconsistent with the City of Baker’s Home Rule Charter, which authorizes the Mayor tomake appointments of City Attorney and City Treasurer subject to concurrence of theCouncil and the authority of the Council to make appointments of City Clerk and CityAuditor.
8/7/2012   #12-0074
  A mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.
7/16/2012   #12-0043
 The Board of Aldermen cannot alter the rules for vacation days for municipal employees by motion as the Lawrason Act requires such an action be done by ordinance. (Thornhill)
7/16/2012   #12-0045
 A vacancy does not automatically occur when an alderman of a Lawrason Act municipality has a residence outside of the municipality. The board of aldermen does not have the authority to declare a vacancy in office. The Louisiana Election Code provides for a judicial process to declare a seat vacant. Recalls previous opinions, including but not limited to, La. Atty. Gen. Op. Nos. 10-0213, 09-0065, 92-262, 80-1171, 78-381, to the extent the opinions concluded the board of aldermen has the authority to declare a vacancy in office if the current elected official no longer meets the residency and domicile requirements of the office. (Day)
7/16/2012   #12-0097
 A vacancy does not automatically occur when an alderman of a Lawrason Act municipality has a residence outside of the municipality. The board of aldermen does not have the authority to declare a vacancy in office. The Louisiana Election Code provides for a judicial process to declare a seat vacant. Recalls previous opinions, including but not limited to, La. Atty. Gen. Op. Nos. 10-0213, 09-0065, 92-262, 80-1171, 78-381, to the extent that the opinions concluded the board of aldermen has the authority to declare a vacancy in office if the current elected official no longer meets the residency and domicile requirements of the office. (Day)
5/3/2012   #12-0056
 The board of aldermen in a Lawrason Act municipality may not usurp the power of the mayor throught the passage of an ordinance.  The board does not have the authority to review processor modify their pay. 
4/10/2012   #11-0258A
 

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.

Navigable Waters<< Back To Top
DateArticle
7/17/2012   #12-0040
 La. R.S. 34:843 sets forth the process for obtaining reimbursement for a governmental entity's removal of sunken vessels from waterways in Louisiana.

6/19/2012   #11-0270
 Louisiana law prohibits the blocking of navigable waterways and it disfavors the blocking of private waterways.  The United States Coast Guard is responsible for ensuring the navigability of the waters of the United States. 
5/10/2012   #12-0033
 A servitude agreement that allows for the construction of a levee roadway from privately-owned land to a privately-owned island is subject to the approval of the Reservoir District and if approved, subject to the District's statutory authority to prescribe the manner in which such a roadway may be built as well as other applicable Reservoir Rules and Regulations.
Officers, Public Mtgs/Records<< Back To Top
DateArticle
9/25/2012   #12-0044
 Discussion of several matters concerning the Iberia Parish executive office.
Officers- Local & Municipal<< Back To Top
DateArticle
4/16/2014   #14-0003
 The appointment of an individual to fill a vacancy in the elected position of chief of police does not change the position from elective to appointive and does not change the duties, powers, or benefits inherent in the elected position. The individual appointed to serve as the Chief of Police for the town of Ball cannot be removed without legal or just
cause.
4/10/2014   #14-0051
 

In the event of a vacancy in the office of mayor, there is no law which prohibits the board of aldermen from appointing any person otherwise qualified to hold that office regardless of kinship. The compensation for the appointee must remain the same as that of the person elected to the office during the remainder of that term

3/28/2014   #13-0056
 

The Board of Aldermen of the City of Opelousas may, by ordinance, prohibit the personal use of vehicles by the elected chief of police and his employees, but the ordinance may not interfere with the chief's control of the vehicle for official law enforcement purposes. Thus, the ordinance may not prohibit a police officer who does not live within municipal limits from taking a department vehicle to and from work when the chief has authorized such use for those officers who have "on call” status.

12/12/2013  #13-0162
 

The annual budget of the Village of Dodson must include an operating budget for the Police Department.  It is not permissible for the Board of Aldermen for the Village of Dodson to enact an ordinance that prohibits the elected Chief of Police or any of the certified police oficers, while on duty, from carrying a taser on any other electrical device on their person.  The elected Chief of Police for the Village of Dodson is not required to inform the Mayor when he leaves town to attend mandatory police training. 

7/2/2013   #13-0047
 

Pursuant to La. R.S. 18:602, the governing authority of a village, and not the mayor, shall appoint an individual to fill a vacancy on the Board of Aldermen. The governing authority shall have twenty (20) days to fill the vacancy, the failure of which shall authorize the governor to make such an appointment.

6/18/2013   #13-0052
 

It is permissible for the board of aldermen of a Lawrason Act municipality to pass an ordinance regulating the personal use of vehicles owned by the municipality; however, such an ordinance must not interfere with the inherent authority of the chief of police as set forth under the provisions of the Lawrason Act and must recognize that an officer who is "on call” and uses his police vehicle to travel to and from home is not using the vehicle for personal use.

5/9/2013   #05-0277
 A public officer shall be removed from office for conviction of felony during his term of office. Since an indictment is not a conviction, the public officer should not be suspended or placed on any leave unless and until there is a final adjudication of a conviction.

1/22/2013   #12-0195
 In a Lawrason Act municipality (R.S. 33:321, et seq.) with an elected Chief of Police, the Mayor and Board of Aldermen may not adopt an ordinance that interferes with the Chief of Police's day to day operations of his or her department. However, in such a municipality with an elected Chief of Police, the Mayor and Board of Aldermen do have decision making authority regarding the hiring and termination of police personnel. Pursuant to the Louisiana Local Government Budget Act, an elected Chief of Police must provide written notification to his or her municipal governing authority in the event his or her department exceeds its fiscal operating budget as delineated by R.S. 39:1311.
11/5/2012   #12-0182
 La. R.S. 33:103(C)(1) prohibits a member of a municipal zoning and planning commission from holding any other public office.
9/14/2012   #11-0190
 

If the elected Chief of Police of a Lawrason Act municipality is incarcerated for conviction of a criminal misdemeanor, no vacancy is created under the election code. Therefore, the elected Chief of Police retains his official position with the City and remains in charge of the City’s police department. However, if this official is unable to perform the duties with which he/she is charged by law, he/she may be subject to removal. Until the elected Chief of Police either resigns or is officially removed from office, he/she is legally entitled to continue receiving his/her salary. Finally, the decision to charge an individual with malfeasance of office rests with the District Attorney, who has broad discretion in both the institution and handling of criminal prosecutions.

Open Public Meetings<< Back To Top
DateArticle
1/11/2013   #12-0221
 One member of a licensing board composed of thirteen members meeting with the executive director and a member of the staff of such board does not constitute a "meeting” under the Open Meetings Law. Without additional facts indicating a board member’s inability to remain unbiased and impartial about a particular disciplinary matter, a board member receiving general information regarding admitted rule violations and proposed sanctions for consent agreements scheduled to be considered by the board at its next meeting would not require the board member to recuse herself from the vote to accept or reject the consent agreements as a resolution of the complaint, despite the fact such information was received by the board member prior to the rest of the board members.
Parish Authority<< Back To Top
DateArticle
5/16/2012   #10-0156
 Addresses several issues relating to the Plaquemines Parish Home Rule Charter and the authority of the Parish President and Parish Council to contract for professional and non-professional services.

Parish Pay<< Back To Top
DateArticle
11/5/2012   #12-0127
 A constable must attend the first training course available after he takes office and thereafter at least one training session every other year. If the constable fails to attend at least one training session every other year, he is in non-compliance with the law and is ineligible to receive state and parish supplemental pay. In order to have his state and parish supplemental pay restored, the constable must attend the next annual training course and receive a certificate of completion from the Louisiana Attorney General’s Office.
Parish, Courts, Fees/Costs<< Back To Top
DateArticle
11/14/2012  #12-0186
 Louisiana Interpreter Law, R.S. 46:2364, et seq., requires that the appointing authority, or presiding officer of the court, appoint and pay for a qualified interpreter during those stages of a judicial proceeding in state court where a hearing impaired person is a party involved in direct communication with other hearing impaired persons or his/her legal representative. R.S. 46:2370 provides that interpreters are entitled to a reasonable fee for their services, which includes waiting time and travel time. When an interpreter is appointed pursuant to the Louisiana Interpreter Law, the Louisiana Commission for the Deaf may pay the interpreter’s fees set by the court. If the Louisiana Commission for the Deaf does not cover an interpreter’s fees, then the Judicial Expense Fund for the Seventh Judicial District would be another viable source of such payment.
Permits<< Back To Top
DateArticle
7/17/2012   #12-0092
 A licensed Antique Dealer is not required to obtain a Secondhand Dealer's license in order to engage in the business of buying and selling scrap gold and jewelry.

Police Juries<< Back To Top
DateArticle
6/13/2014   #14-0054
 

Powers & Functions 50 HIGHWAYS – Roads La. R.S. 33:3689.1, et seq.  When two streets in a single neighborhood are considered for acceptance into the Parish Road System, each street should be treated as a separate project and each street’s total owners must be considered separately for the purposes of determining whether the street will be accepted into the Parish Road System.  Should an objection be filed to the proposed improvement by the property owners owning more than one-half of the total front feet of the property abutting the single street at issue, the police jury shall not order the construction of improvements on that particular street.

 
2/27/2014   #13-0213
 

While there is no "servitude of public view” of Lake Charles under Louisianalaw, the City does have the authority to regulate the construction of wharves,piers and boathouses on navigable lakes and rivers under the authorityprovided by La. Const. art. VI, § 4, La. Const. art. VI, § 17, and La. R.S.33:4721, et seq.

2/1/2014   #13-197
 

The manufacturing and installation of private street signs, by Rapides Parish, is nota prohibited donation under La. Const. art. VII, § 14, when the Parish is reimbursedfor all costs associated with said manufacturing and installation and the Parish alsoreceives the added benefits of improving emergency response operations andensuring uniformity of signage on parish roads.

2/1/2014   #13-209
 La. R.S. 34:1803 created the Avoyelles Parish Port Commission as a political subdivision of the State to use and regulate its property in performing governmental functions; therefore, the Avoyelles Parish Police Jury's building regulations must yield to the Commission's power and function which emanate wholly from the State. Accordingly (provided that the Port of Avoyelles is a deep-water port), the Commission would be permitted to create its own permitting office and issue improvement permits to tenants at the Port.
8/13/2012   #12=0128
 Once a Parish maintains a road for more than three years with the knowledge of theprivate owner, that road is considered a public road and becomes a part of the parishroad system. The Parish may not abandon its maintenance of the road except asprovided by law and after a declaration that the road is no longer needed for publicpurposes.
6/8/2012   #12-0038
 Since the police jury has not changed the territorial boundaries of the road districts, the ad valorem  tax proceeds associated with the road districts remain with the road districts that correspond with the previous police jury districts notwithstanding the recent reapportionment of police jury districts.


5/16/2012   #11-0260
 The Allen Parish Police Jury may pay six months of accumulated back salary to a councilman who had heretofore refused to take a salary only if the funds have not been spent on some other public purpose and if the Parish has sufficient funds in its general treasury, and if the claim is not otherwise subject to laches and/or prescription.
5/11/2012   #10-0156
 Addresses several issues relating to the Plaquemines Parish Home Rule Charter and the authority of the Parish President and Parish Council to contract professional and non-professional services. 
5/11/2012   #11-0260
 The Allen Parish Police Jury may pay six months of accumulated back salary to a councilman who had heretofore refused to take a salary only if the funds have not been spent on some other public purpose and if the Parish has sufficient funds in its general treasury, and if the claim is not otherwise subject to laches and/or prescription.
4/4/2012   #12-0017
 

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.

Political Subdvisions<< Back To Top
DateArticle
10/1/2013   #13-0058
 The express language contained in La. R.S. 34:2308 exempts the Red River Waterway Commission ("RRWC”) from the regulatory/zoning authority of Natchitoches Parish and/or the Natchitoches Parish Planning Commission. Further, because the RRWC is an instrumentality of the State of Louisiana the Parish's general zoning authority must yield to the RRWC's power and function which emanate wholly from the State.

1/2/2013   #12-0149
 Provided that the Mayor was using his private tractor for authorized municipal purposes, the Village could be held liable for the damage associated with an accident caused by his negligence. This includes both the property damage to the Mayor’s tractor; and the injuries and property damage of a third party.
8/7/2012   #11-0001
 Pursuant to La. R.S. 33:4574(F)(1)(a) and (b)(i), the directors of the Lafourche Parish Tourist Commission shall consist of seven directors appointed by the governing authority of the parish from lists of nominees submitted to the governing authority by private, non-profit groups that have an interest in one or more aspects of the tourism industry. Any ordinance that is inconsistent with La. R.S. 33:4574(F)(1)(a) and (b)(i) would be invalid.
Pub. Health, License, & Educ.<< Back To Top
DateArticle
5/15/2012   #11-0157
 Child care facilities, including quasi-governmental facilities, that meet the definition of a day care are subject to licensure requirement, regardless of whether they are operated by governmental, non-profit or for profit agencies.
Public Funds & Contracts<< Back To Top
DateArticle
5/22/2014   #14-0052
 La. Const. art. VII, Sec. 14
The Terrebonne Parish School Board lacks thestatutory authority to use public funds to establishan endowment fund for the purpose of providing scholarships to future Terrebonne Parish educators.
5/19/2014   #13-0228
 

The St. Tammany Parish Government ("Parish”) and the Council on Aging in St. Tammany Parish ("Coast”) should execute a Cooperative Endeavor Agreement ("CEA”), whereby the Parish would manage and administer the proceeds from an ad valorem tax levied and collected by the Parish and dedicated for the purposes of funding Coast. The Parish may also impose a reasonable charge for managing and administering the ad valorem tax proceeds.

5/19/2014   #14-0027
 
La. R.S. 42:421
La. R.S. 33:421-422
La. R.S. 33:404
The Tallulah City Council may adopt an ordinance establishing and regulating the prospective accrual and use of annual leave by the mayor and chief of police but may not fix the working schedule of the mayor, chief of police or clerk or require any of these officials to keep a time sheet, record the number of hours worked at the municipal hall.
5/19/2014   #14-0055
 
La. Const. art. VII, Sec. 14
The Water Works District #2 of St. Tammany Parish may not forgive or set-aside a customer's water bill due to leaks on the customer's side of the meter.
5/16/2014   #14-0040
 

A tax assessor has the legal authority to enter into an agreement with a consultant, either by herself or alongside tax recipient bodies which directly benefit from the agreement, wherein the consultant agrees to provide information and data which will assist the assessor in adding personal property to the tax rolls that should be subject to taxation and which is currently going uncollected.

4/30/2014   #14-0005
 

An exchange of public property between two public entities isauthorized under the provisions of the Local Services Law,La. R.S. 33:1324. When property is exchanged between twopublic entities, those entities are not bound by the advertisingand bidding requirements set forth in La. R.S. 33:4712 but theterms of the transfer or exchange must comply with themandates of La. Const. art. VII, Sec. 14.

4/24/2014   #14-0024
 The ordinance adopting the budget for Livingston Parish was not adopted in accordance with the Livingston Parish Charter and is not a valid ordinance. As such, the corresponding budget is not a valid, legal budget. Pursuant to Section 5-02 (B) of the Livingston Parish Charter, the budget proposed by the president shall be considered adopted.
4/11/2014   #14-0041
 State Bond Commission approval is not required for Ascension Parish to enter into leases and/or lease purchase agreements for movable equipment when such agreements contain a non-appropriation clause and do not contain an anti-substitution on clause
3/31/2014   #13-0192
 

The board of aldermen of the Village of Folsom may pass an ordinance which regulates the use of Village-owned vehicles. Further, if the board of aldermen believes that a public official has committed a crime, the board should refer any facts and evidence in its possession to the local district attorney. If, on the other hand, the suspected violation could possibly be the subject of a civil suit or a report to an oversight agency, such as the state Ethics Board and/or Legislative Auditor, then the Village should refer such facts and evidence to the appropriate agency. Finally, if the board believes restitution is owed to the Village, it should take reasonable steps to recover all money owed to it.

3/31/2014   #14-0018
 

St. Tammany Fire District No. 8 District may not use its funds to purchase fireworks for New Year and July 4th holiday celebrations because doing so falls outside of the purpose for which the District was created. However, the District may participate in the celebrations by providing fire protection services at these events as its purpose is to do whatever is necessary and proper for the protection of property within the limits of the district against fire.

3/31/2014   #14-0033
 

The Orleans Judicial District Court Building Commission may not employ the design-build construction method for the construction of anew courthouse.

3/17/2014   #13-0199
 

La.Rev.Stat. 33:2955(A)(1)(d)(i) does not authorize political subdivisions to purchase brokered CDs from a broker or brokerage firm.

3/17/2014   #14-0008
 

The Louisiana Housing Authority has no authority to voluntarily refund fees paid in conjunction with the submission of an application under the Qualified Allocation Plan ("QAP”) where the QAP expressly provided that such fees were non-refundable.

2/1/2014   #13-159
 Subject to any limitations in tax or service charge propositions, theConcordia Parish Communications District may spend public fundsfor the purchase of communications equipment which will enable lawenforcement and public safety agencies to decrease response timeand improve effectiveness when responding to emergency calls.However, the District must be able to demonstrate that thecommunications equipment purchased and issued to local law enforcement agencies would result in a benefit to the District in anamount equivalent to the funds the District spends on the equipment.
2/1/2014   #13-191
 The City of Ponchatoula must follow La. R.S. 33:4712 when leasing surplusimmovable property and must receive equal value under the terms of suchlease. City may also allow the use of its property pursuant to a cooperativeendeavor agreement authorized by La. Const. art. VII, Sec. 14(C). Any inkind contribution credit granted to non-profits under a lease or authorized cooperative endeavor agreement must only be granted when the City is ableto demonstrate that it will receive an actual, quantifiable benefit from eachactivity for which it intends to award in kind contribution credit and that theamount of the in kind contribution credit granted is commensurate with thebenefit received by the City.
2/1/2014   #13-216
 The clerk and deputy clerks of the Winnsboro City Court are employees of the Court, not the City of Winnsboro. The Court and City may enter into a cooperative endeavor agreement allowing employees of the two entities to donate and use "serious illness leave time” into either leave pool as long as both entities are able to demonstrate that the agreement provides each entity with a reasonable expectation of receiving equivalent value for any funds spent.
2/1/2014   #13-224
 When procuring data processing and telecommunications equipment,the Orleans Parish Criminal District Court may use either the invitation to bid process authorized by La.Rev.Stat. 38:2212.1, the request for proposal process authorized by La.Rev.Stat. 38:2234 et seq., or the Court may purchase the equipment directly from the state contract vendor as authorized by La.Rev.Stat. 39:1702.
1/23/2014   #13-0148
 The City of Rayne is prohibited from using public funds to pay for the services of a crossing guard at a local church.
1/23/2014   #13-0222
 Pursuant to Article VII, Section 14 of the Louisiana Constitution, the Iberia Parish Airport Authority may not use public funds to purchase one share of stock in a private cooperative.
1/16/2014   #13-0212
 Costs related to construction within or about the designated geographical area of an economic development district may be included in determining the costs of an economic development project under Louisiana's Cooperative Economic Development Law.
12/20/2013  #13-0139
 Pursuant to the restrictions of La. Const. Art. VII, Sec. 14(A), public entities cannot inter privately-owned animals on private property at no cost to the owner. In the event of a declaration of emergency, such interments may be authorized, as required by the factual circumstances of the particular emergency.
12/5/2013   #13-0130
 The policy adopted by St. Landry Fire District No. 3 which allows any employee who resigns, retires, or is terminated to receive vacation time for the part of the calendar year worked in which the separation from service occurs on a pro-rata basis, with the exception that vacation leave cannot be awarded on a pro-rata basis during the first year of employment, is consistent with La. R.S. 33:1996
12/5/2013   #13-0133
 The City of Rayne may use prisoners to perform manual labor on property owned by the parish school board or parochial schools, provided that the property qualifies under the provisions of La. R.S. 15:708, and the prisoners work on a voluntary basis. However, the City may not allow churches and other non-profit organizations to use City facilities free of charge.
12/5/2013   #13-0161
 

The Village of South Mansfield has the discretion to allow short-term limited uses of a publicly owned building provided it obtains in return a value or benefit that is commensurate or equal with the use.

12/5/2013   #13-0166
 The Iberville Parish Waterworks District No. 3 may not refund payments that a customer alleges were erroneously charged by the Water District unless the alleged error was, in fact, the fault of the Water District.
12/5/2013   #13-0167
 

The Louisiana Public Bid Law is not applicable to the Lower Mississippi River Port Wide Strategic Security Council in procuring a contract for legal, accounting, management, or other professional services.

12/5/2013   #13-0171
 St. Charles Parish may provide dumpsters to homeowners as part of its blighted property program as set forth in the St. Charles Parish Code of Ordinances Sections 16-49 & 51 but the Parish must ensure that it secures payment or reimbursement from the private landowner for all costs associated with providing the dumpsters either through a lien or a repayment agreement.
12/5/2013   #13-0180
 

The Vermilion Parish Hospital Service District No. 2 is not authorized to participate in a cooperative endeavor agreement which creates the Economic Development Committee in Vermilion Parish.

12/5/2013   #13-0182
 The Houma-Terrebonne Airport Commission may not employ the design-build construction method for a potential capital improvements project.
12/5/2013   #13-0184
 Pursuant to La. R.S. 33:4169.1(A)(3), the City may only extend to a total twenty-five year term the portion of the contract which governs services for disposal of garbage or trash. Services relating to collecting and transportation of garbage or trash are limited to a ten year maximum contract term. The term of the current contract must be included with the contract extension term when calculating the total contract term.
10/7/2013   #13-0132
  The Livingston parish council is the entity that must determine whether public funds may be spent to provide a legal defense to two councilmen who have not been sued in their individual capacities but claim otherwise.  If the Council determines that the councilmembers performed the alleged action in their official capacities, and the Parish may be legally liable for the acts of these public officials, then the Parish may provide an attorney to represent them in the manner set forth in the Parish Home Rule Charter.  If not, then the Parish may, but is not required to reimburse necessary and reasonable legal expenses after the lawsuit has concluded and resulted in a judgment of no liability for the councilmen and/or a finding that the councilmen's statements were made in the course and the scope of their official duties. 
10/1/2013   #13-0079
 For accounting purposes only, the Village may write off a debt in order to ensure that only the appropriate assets and liabilities are reflected in the Village's financials, provided the Village has exercised reasonable means to recover the debt, subject to future collection efforts as deemed reasonable and necessary.
9/11/2013   #13-0136
 Livingston Parish is authorized by La. R.S. 33:5151(A) and its home rule charter to pay health insurance premiums for its council members. Nevertheless, the payment of these premiums constitutes "compensation” that must be included when determining whether the council members are being paid a rate that is higher than that authorized by the home rule charter.
8/27/2013   #13-0098
 State law does not authorize Jefferson Parish to directly pay the employee contributions due to the Parochial Employees' Retirement System of Louisiana. However, the Parish is not prohibited from increasing an employee's salary in an amount that is equal to the employee's retirement contribution.
8/27/2013   #13-0128
 Town of Erath may enter into a cooperative endeavor agreement with a nonprofit organization for the purpose of providing maintenance services, provided that the Town has a reasonable expectation to receive at least equivalent value.

8/20/2013   #13-0065
 

Public funds cannot be used to make repairs to bridges located on private propertyunless theParishdetermines that the benefit of doing so would accrue to the Parish and not the private landowner.

8/20/2013   #13-0097
 Employees of theGreater Lafourche Port Commissionmust participate in the Louisiana State Employees' Retirement System unless a particular employee is exempt by the provisions of La. R.S. 11:413.
8/20/2013   #13-0114
 TheTangipahoa Water Districtmay dispose of surplus movable property at public auction pursuant to La. R.S. 49:125 and employ a qualified licensed auctioneer to handle the public auction.
7/17/2013   #13-0061
 

The Franklin Parish Hospital Service District #1 may sell its accounts receivable if such accounts are determined by the District to be "uncollectible”. Such accounts should be sold to the highest bidder after giving public notice and subject to the District receiving payment commensurate with their value. the District is not prohibited from selling the accounts in bulk should the District determine this method of sale would generate the most interest and value.

7/2/2013   #13-0030
 In connection with an agreement to donate or exchange, the Plaquemines Parish Courthouse District may not transfer a particular tract of immovable property to a limited partnership. The agreement was subject to the suspensive condition that voters approve moving the parish seat to either of the two sites referenced in the agreement, and that condition was not fulfilled.
6/25/2013   #12-0116
 The civil service commission created pursuant to La. R.S. 33:2531, et seq. to oversee the Eastbank Consolidated Fire Department of Jefferson Parish has the rulemaking authority to determine pay and entitlement to overtime compensation for the employees it oversees subject to meeting the minimum standards set forth in the Fair Labor Standards Act.
5/31/2013   #13-0048
 The Evangeline Parish Police Jury cannot donate $15,000 to the Evangeline-Ville Platte Recreation District; however the two political subdivisions may enter into a cooperative endeavor agreementto construct, acquire, or improve "recreational and educational facilities, such as playgrounds, recreation centers, parks and libraries.”
5/7/2013   #13-0001
 The City of New Iberia may not use certain sales tax proceeds to purchase a street sweeper.
5/7/2013   #13-0050
 The Louisiana Public Bid Law provides that all statutory requirements, advertisement requirements, and bid form requirements must be observed. Here, because the presumptive low bidder failed to comply with a bid requirement, the City of Kenner must reject the nonresponsive bid.

4/16/2013   #13-0008
 Jefferson Parish may reject a bid or bidder for lack of responsibility and/or lack of responsiveness, but may not "debar” a bidder.
4/16/2013   #13-0013
 Since the governing authority of the Village of Bienville has not adopted a general fund budget, under the Louisiana Local Government Budget Act, the Mayor has no authority to incur general fund liabilities or authorize expenditures during the fiscal year beyond that authorized by La. R.S. 39:1312 or La. R.S. 39:1314.
4/16/2013   #13-0026
 When a local public official is named individually in a civil lawsuit based on conduct or actions he took in the course and scope of his position, the local public entity may choose to use public funds to fund the litigation. Whether the actions alleged in the civil suit occurred in the course and scope of the public official carrying out his official duties is a factual determination that must be made by the local entity.
3/14/2013   #13-0012
 La. R.S. 33:4712 authorizes the City of Bogalusa to lease public property to a private entity when such property is no longer needed for a public purpose. However, the property that the City wishes to lease is subject to restrictive covenants which must be amended in order to allow a charter school to lease property in the industrial park.
2/19/2013   #12-0207
 Pursuant to La. Const. Art. VI, Sec. 21 and La. R.S. 33:4712.2, the Port of New Orleans has the legal authority to enter into an agreement with a private business for industrial inducement purposes and that such agreement would constitute a public purpose the Port is authorized to pursue. The governing Board of the Port must evaluate the proposed terms of the agreement to determine whether the potential risks and rewards support a reasonable expectation of the receipt of value equivalent to the value of the public assets to be transferred.
1/29/2013   #12-0215
 The term "expenditures,” as used in La. R.S. 17:1518(F), La. R.S. 17:1518.1(F), and La. R.S. 17:1519.3(C), encompasses all expenditures "for the facility” or "of any hospital,” as applicable, rather than just those allocated from the state's general fund. Also, the term "healthcare services” as used in those statutes means the providing of accommodation and activities required by the public of, pertaining to, or involved in the field concerned with the maintenance or restoration of the Health of the body or mind.
1/29/2013   #12-0232
 La. Rev. Stat. 38:2212(A)(2)(g) authorizes the Orleans Parish Hospital Service District to utilize a construction manager in connection with the initial construction of a hospital, medical facility, or a combination of both.
1/29/2013   #12-0244
 

Under the Louisiana Local Government Budget Act, the governing authority may amend the chief executive or administrative officer's proposed budget prior to voting to adopt or reject that budget. However, the governing authority may not amend a line item in the chief executive or administrative officer's proposed budget to intentionally provide less than a full fiscal year of funding for a line item in the budget.

1/10/2013   #12-0218
 The Livingston Parish Assessor’s Office is not authorized to transfer or donate excess funds to the Livingston Parish Coroner’s Office for construction of a parish morgue.
1/9/2013   #12-0165
 The contract of The Cooperative Purchasing Network, a national cooperative purchasing organization, is not a contract that was competitively bid by another local political subdivision as required by La. Rev. Stat. 33:1321-1337. As such, the piggy back alternative is not available.
1/2/2013   #11-0096
 Article VII, Section 14(a) of the Louisiana Constitution prohibits the donation of funds of the State of Louisiana or any of its political subdivisions to any person, private or public. To compensate central office employees of Iberville Parish School Board when they are absent without leave for non-work, amounts to a prohibited donation of public funds in violation of La. Const. art. VII, § 14 (1974).
1/2/2013   #12-0197
 The Constable of the City Court of Baton Rouge has the authority to release and stop payments for a garnishment once the Constable’s garnishment software, which has been approved by the Court, indicates the writ has been satisfied. The Constable should only collect the amount set forth in the judgment. If the creditor’s attorney believes he is entitled to additional sums of money or that he has not been paid in accordance with the garnishment judgment, he must bring those issues before the court which issued the garnishment judgment.
12/11/2012  #11-0243A
 The Monroe City Court’s proposed transfer of funds to the district indigent defender fund would not violate La. Const. art. VII, §14. Recalls Atty. Gen. Op. No. 11-0243.
11/27/2012  #12-0126
 La. R.S. 2:135.1 only authorizes non-carrier airport leases to be extended beyond ten years without public bidding in the event that the lessee makes $60,000 worth of improvements to the leased space and those improvements become the property of the lessor. If the physical structure is not conducive to an additional $60,000 worth of repairs, the municipality is barred from extending the lease for an additional period. The City may accept an appraisal to determine the value that should be assigned to improvements already made.

11/27/2012  #12-0189
 The City of Tallulah has the authority pursuant to La. R.S. 13:5109(C) to settle and compromise legitimate claims brought against it. In order to determine the proper sum to effect a settlement or compromise, the City, in consultation with its attorney, must evaluate the validity of the claim, the scope of the City’s potential liability, and the potential costs and risks associated with the claim.

11/14/2012  #12-0135
 A hospital service district cannot provide centrifuge use or supplies to independent third-party contractors free of cost. The transfers proposed by the hospital service district appear to be wholly gratuitous, and there is no indication that the hospital service district would receive equivalent value. Accordingly, the centrifuge usage and property transfers proposed by Franklin Parish Hospital Service District No. 1 would violate La. Const. art. VII, Sec. 14.
11/14/2012  #12-0164
 Provided the City is confident that the value of the proposed economic impact is commensurate with the consideration received in exchange for the proposed transfer, then the proposed lease-purchase agreement would not be prohibited by La. Const. art. VII, § 14.
10/10/2012  #12-0148
  The Village of Turkey Creek may not use public funds to pay connection fees for utilities
for the exclusive benefit of private property owners. The Village of Turkey Creek may
perform the work to connect residents to the Village-owned water system, but must
pass along the connection costs to the private landowner.
10/10/2012  #12-0180
  If the Cullen Police Department is able to effectively demonstrate that it has a
reasonable expectation of receiving a benefit at least equivalent to the amount
expended, we believe the proposed expenditure to host a National Night Out Against
Crime is permissible.
10/2/2012   #12-0074
 Mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.
9/25/2012   #12-0057
 The Rapides Parish Police Jury has the legal authority to grant a franchise and correspondingly impose a franchise fee upon any business located within the parish pursuant to the provisions of La. Rev. Stat. 33:4361 and La. Rev. Stat. 33:4510. This authority to grant a franchise and impose a franchise fee would extend to any business located within the Parish, including a business that is regulated by the Louisiana Public Service Commission. The Rapides Parish Police Jury must determine and ensure that the benefit it receives in connection with allowing businesses to have access to its rights of way and property is commensurate with the public funds and/or resources it expends.

9/14/2012   #12-0114
 

Pursuant to La. Const. Art. VII, § 14, the Caddo Parish Commission is prohibited from legally expending public funds to clean up overgrown private property.

9/14/2012   #12-0122
 

Assessors should continue to assess property in the name of the owner found in the public records. When the public records contain two separate deeds to one parcel, each in favor of a different vendee, the assessor should assess the property in the name of each vendee found in the public records.

9/14/2012   #12-0141
 
9/14/2012   #12-0159
 

The proposed contract between the Office of Group Benefits ("OGB”) and Blue Cross and Blue Shield of Louisiana, which is to be executed in accordance with and pursuant to the Notice of Intent to Contract ("NIC”) for Administrative Services Only ("ASO”), is a contract negotiated pursuant to the provisions of La. Rev. Stat. 42:802. As such, the contract is subject to review and final approval by the appropriate standing committees of the legislature having jurisdiction over review of agency rules by the Office of Group Benefits as designated by La. Rev. Stat. 49:968(B)(21)(c), or the subcommittees on oversight of such standing committees, and the office of contractual review of the division of administration.

9/12/2012   #12-0161
 

Parties to a contract may amend the contract by mutual consent. The effective date of the amendment is a question of fact that can be determined from the representations of the parties, corroborating circumstances, and other competent parol evidence.

9/11/2012   #11-0189A
 

HANI Non-Profit Housing, Inc. is a quasi-public entity pursuant to La. R.S. 24:513(A)(1)(b)(i) despite the fact that it does not receive any public funds. The receipt or expenditure of public funds is not necessary to be considered a quasi-public entity under La. R.S. 24:513. To the extent La. Atty. Gen. Op. No. 11-0189 conflicts with this conclusion, it is recalled.

9/6/2012   #12-0085
 

When a public official is acting beyond the course and scope of his duties he is not entitled to have public funds used to pay the legal fees for the defense of civil or criminal actions brought against him. The fact that the caption to a lawsuit states that a public official is sued in his individual and official capacity is not proof sufficient that the conduct complained of occurred outside or beyond the course and scope of his public duties. The determination of whether the actions the local public official or employee are being defended against are actions taken in the course of carrying out the official duties of the public office is a factual determination that must be made on a case by case basis.

9/6/2012   #12-0134
 

Village may not allow a private water company to use, rent, or otherwise lease a publicly owned building without the Village receiving fair market value in return. In the event the Village wishes to enter into a long-term agreement then it must follow the provisions of La. Rev. Stat. 33:4712.

9/6/2012   #12-0137
 

Livingston Parish may, but is not required to, use public funds to reimburse attorney’s fees incurred by the former Livingston Parish President defending himself in a civil suit provided the Livingston Parish Council determines that the actions giving rise to the lawsuit took place in the course and scope of the official’s public duties. The Council may only reimburse legal expenses to the extent it determines the legal fees to be reasonable and necessary.

8/7/2012   #12-0074
  A mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.
7/31/2012   #11-0264A
 The City 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 prohibited by Article VII, Section 14 of the Louisiana Constitution.
7/31/2012   #12-0139
 A new employee of the 19th JDC who has 19 years of service in the Louisiana School Employees' Retirement System ("LSERS”) may elect to remain a contributing member of that retirement system in lieu of joining the Louisiana State Employees' Retirement System as long as he files a written notice of election to remain in LSERS with the LSERS board of trustees within thirty days of his employment with the 19th JDC.

7/19/2012   #12-0118
 La. R.S. 42:1121(A)(2) does not apply to service on the Louisiana Sheriffs' Law Enforcement Program Board because it is not a board of the State or of a political subdivision. (Hunter)
7/18/2012   #12-0108
 Terrebonne Parish Council may not use public funds to provide road lighting along private roads or streets. (Vallan)
7/18/2012   #12-0125
 In light of the facts presented, the presumptive low bidder's failure to provide a unit price for a single quantity item does not render their bid non-responsive. The pay items at issue do not involve items with multiple quantities. Therefore, the requirement to provide a unit price for such items would be inapplicable. (Vallan)
7/17/2012   #12-0060
 Addresses several issues related to the 1985 Airport Expansion Agreement by the Parish of St. Charles, the City of Kenner, the City of New Orleans and the New Orleans Aviation Board. (Graham)
7/17/2012   #12-0084
 A lease does not terminate upon the death of the lessee.
7/17/2012   #12-0107
 Terrebonne Parish may not use public funds to install or maintain street lights along private streets or roads, or in subdivisions of any sort where streets or roads have not been properly dedicated and accepted for public use as doing so would violate La. Const. art. VII, Sec. 14(A).
7/16/2012   #11-0273
 To the extent the City of Leesville paid insurance premiums and accumulated vacation and sick leave in violation of its Personnel Policies and Procedures Manual, it made a gratuitous donation in violation of La. Const. art. VII, Sec. 14(A). The City must take appropriate action to collect these overpayments from the payees. (Huxen)
7/16/2012   #12-0062
 The Slidell Civil Service Commission is not a legal entity capable of being sued. Further, allowing a contractor to calculate his commission based on the original bid price, not the actual value of the work performed, would be a violation of La. Const. art. VII § 14. Additionally, the City of Slidell does not violate La. Const. art. VII § 14 by maintaining a detention pond on private property since that detention pond is considered part of the City's infrastructure drainage system. (Thornhill)
6/25/2012   #12-0093
 

The City of Broussard and its volunteer fire department may pay a nominal fee to uncompensated volunteer firefighters on a per-call basis.

6/22/2012   #12-0066
 

The Public Bid Law is not applicable to a public works projects under $150,000. However, by choosing to bid out the project, Town became bound by the requirements set forth in the bid document and should award the contract to the bidder whose bid is responsive and most advantageous to the Town.

6/20/2012   #12-0023
 Town may not forgive, reduce, set aside, adjust downward, or otherwise issue a credit to a particular resident’s utility bill absent any error on the part of the Town. 

6/20/2012   #12-0100
 In kind contributions are things of value and as such, may be taken into consideration by school board when performing an Article VII, Section 14 analysis as to whether and to what extent the contributions may offset debt owed to school board.

6/18/2012   #12-0058
 

Hospital Service District Number 2 of St. Mary Parish may enter into a cooperative endeavor agreement with private physicians’ clinics and private businesses to contribute public funds for construction of a pedestrian crossing over a public roadway which would connect a publicly owned hospital to privately owned physicians’ offices and businesses located across the street.

6/18/2012   #12-0059
 

Under Louisiana Law the Regional Transit Authority of New Orleans may not require a business to certify along with the bid; proposal or offer that it meets the definition of a "small business” as doing so constitutes a prequalification that is not statutorily authorized. The exclusion of small business set-asides for construction projects found in La. R.S. 39:1733(A) is not applicable to political subdivisions of the state.

5/16/2012   #11-0189
 HANI Non-Profit Housing, Inc. is not a quasi-public entity.
5/16/2012   #11-0243
 The Monroe City Court's proposed transfer of funds to the district indigent defender fund would violate La. Const. art. VII, §14.
5/11/2012   #11-0189
 HANI Non-Profit Housing, Inc. is not a quasi-public entity. 
5/11/2012   #11-0243
  The Monroe City Court’s proposed transfer of funds to the district indigent defender fund would violate La. Const. art. VII, §14.
5/8/2012   #12-0054
 

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.

5/3/2012   #12-0054
 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.
5/1/2012   #12-0048
 

School boards must comply with the requirements of both La. R.S. 39:1305(C)(2)(a) and (b). (see law below, emphasis added)

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.

5/1/2012   #12-0065
 

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).

Public Lands<< Back To Top
DateArticle
11/5/2012   #12-0151
 The Natchitoches Communications District can acquire, own, and operate immovable property for authorized public purposes. Recalls Atty. Gen. Op. No. 01-46.
Public Meetings<< Back To Top
DateArticle
6/11/2014   #14-0065
 

La. Const. Art. XII, §3 La. R.S. 42:12 et seq. A member who polls a majority of the members of a public body on a matter which may later be considered by the public body as a whole may violate the Open Meetings Law if the poll is used to circumvent the purpose and intent of the Open Meetings Law.

5/12/2014   #14-0011
 The Board of Commissioners governing Terrebonne Parish Fire Protection District #10 may, but is not required to, transmit a meeting electronically to permit a member and any member of the public who is unable to attend to observe the meeting. Should the Board decide to permit this, the Board should adopt a policy governing the transmittal of meetings. A board member who accesses and views a meeting remotely may not be counted as present for purposes of a quorum, may not participate in general discussion of agenda items and may not vote. Further, a board member viewing the meeting remotely should not collect a per diem.

2/13/2014   #13-0221
 The mayor of a Lawrason Act municipality has the authority to control which items appear on the agenda for a meeting of the municipality.This authority may be delegated to a municipal officer or employee as the mayor deems necessary and advisable. The public comment period at a meeting of a public body must occur at the beginning of the meeting, prior to action on an agenda item upon which a vote is to be taken.
12/5/2013   #13-0189
 The Jefferson Parish Council, as the governing authority of the Parish's hospital service districts, may discuss marketing strategies and strategic plans, as defined by the Enhanced Ability to Compete Act, in executive session.
11/2/2013   13-0156
 Evangeline Parish, operating under Robert's Rules of Order, must appoint the PublicWorks Director by a majority vote. In the event of a tie vote on the decision to appointthe Public Works Director by the Evangeline Parish Police Jury, absent any proceduralrules governing such a situation, the Police Jury should continue voting as many timesas is necessary to obtain a majority vote. (Boyce)
8/9/2013   #13-0043
 

The Rapides Primary Health Care Center, Inc., a federally qualified health care center and nonprofit corporation, is notrequired to comply with the Open Meetings Law.

7/16/2013   #13-0075
 A public body may not utilize telephone conference calls during a public meeting to obtain a quorum.
6/25/2013   #13-0046
 The mayor of a Lawrason Act community may not refuse to hold a special meeting which has been called for by a majority of the board of aldermen. A mayor of a Lawrason Act municipality who fails to perform a ministerial duty required of him or her by law could subject himself to a mandamus action instituted by the board of aldermen.
10/11/2012  #12-0177
  Discusses a public body communicating electronically as related to compliance with the
Open Meetings Law, polling of members, and a "walking quorum.”
6/18/2012   #12-0081
 La. R.S. 34:2472(A) and the bylaws of the Port of South Louisiana Commission clearly require the approval of a majority of all members for any action or resolution of the Commission. As the Commission consists of seven members, a majority of the Commission is four members. Therefore, any action or resolution of the Commission must be approved by the affirmative vote of no less than four members.

Public Records<< Back To Top
DateArticle
4/30/2014   #14-0010
 

Digital map and data requested by private companies with apparent intent to use information for marketing and profit are public records and should be made available to requestors. The custodian may charge a reasonable fee for a copy of the records

8/23/2012   #12-0130
 

The Louisiana State Board of Dentistry has an obligation to retain records which have been properly expunged pursuant to La. R.S. 37:776(D). Further, it is the opinion of this office that La. R.S. 37:776(D) may be harmonized in light of La. R.S. 44:4(11) in that the record of disciplinary action of a first-time advertising offense is available for public inspection for a limited duration, but will no longer be subject to public inspection should the record be properly expunged. However, the record could, once again, become subject to public inspection should subsequent disciplinary action be taken by the Board.

8/13/2012   #12-0138
 The accident reports referenced in La. R.S. 32:398 are not public records subject toinspection under the Public Records Act. However, La. R.S. 32:398 provides thatreports may be accessed by individuals as specified in Section (K). It is likely that ahealthcare provider who provided medical services to an individual who was involved inan accident could provide sufficient information to the custodian such that his requestqualifies as a request for a "particular report.”
8/7/2012   #12-0074
  A mayor of a Lawrason Act municipality must abide by the Lawrason Act, the Local Government Budget Act and the Public Records Act. In clarification of La. Atty. Gen. Op. No. 11-0228, for enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be either approved and appropriated through their annual budget process or pursuant to La. R.S. 33:462.
5/3/2012   #12-0005
 Discusses the applicability of La. R. S. 44:3 (A)(3) as applied to information requested from a police department. 
Public Works<< Back To Top
DateArticle
3/13/2014   #13-0226
 Road districts created pursuant to La. R.S. 48:571-596 may be abolished by the St.Landry Parish Council in accordance with the provisions set forth in La. R.S. 48:577.However, road and public works districts created by the Louisiana Legislature are political subdivisions of the state and may only be abolished by the Louisiana Legislature.
Recreation Districts<< Back To Top
DateArticle
6/18/2012   #12-0091
 The Livingston Parish Recreation District #5, as owner of the park facility in question, has the duty and responsibility to determine how the park facility is operated and maintained.

Registrar of Voters<< Back To Top
DateArticle
6/18/2012   #10-0111A
 The amount set as the regular rate of pay for employees cannot be set at a different rate of pay when the employees are conducting overtime election related duties. The regular rate of pay can include supplemental pay if the supplemental pay is regularly paid, and it is not considered a bonus, commission or special pay. Overtime compensation accrued by employees working during early voting periods should be used when calculating earnable compensation for purposes of ROVERS because the duties associated with early voting are performed as part of the employees’ mandated duties, and ROVERS defines earnable compensation as the full rate of compensation that would be payable to the member if he worked the full working time.

Retirement<< Back To Top
DateArticle
12/12/2013  #13-0176
 The City of Leesville may not offer participation in the Municipal Employees Retirement System of Louisiana to Fire Department personnel. 
10/13/2013  #13-0057
 

A retirement system is not prohibited from interpreting the phrase"attained age” in accordance with the Internal Revenue Service for thepurposes of distribution of a police officer’s pension.

Retirement---State Employees<< Back To Top
DateArticle
8/9/2013   #13-0068
 

A court reporter who was formerly a member of the Clerks' ofCourt Retirement System and Relief Fund was correctly placed inthe Louisiana State Employees' Retirement System upon herrehire.

Schools & School Districts<< Back To Top
DateArticle
6/19/2014   14-0091
 

Administration, Government and Officers

La. R.S. 17:3992 A. (1) 1

La. R.S. 17:3998 B

There is no provision in present law authorizing a school board to renew an initial charter school contract prior to the mandated review at the completion of year three.

1/16/2014   #13-0152
 Addresses the requirement that the governing authority of each public elementary and secondary school adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine to a student under certain circumstances whether or not the student has a epinephrine prescription.
12/5/2013   #13-0152
  Administration, Government and Officers.  Addresses the requirement that the governing authority of each public elementary and secondary school adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine to a student under certain circumstances whether or not the student has a epinephrine prescription.
Sheriffs & Mental Health<< Back To Top
DateArticle
1/2/2013   #12-0200
 A sheriff must transport Physician’s Emergency Certificate (PEC) patients between treatment facilities upon request within their jurisdiction but are not responsible for the cost of the transportation. Emergency Medical Treatment and Active Labor Act (EMTALA) liability does not apply to those conducting patient transportation on a PEC; but only applies to hospitals and their staff. Peace officers are afforded immunity for their role in the emergency certificate procedures under the Mental Health Law.
Sheriffs-Constables & Marshals<< Back To Top
DateArticle
9/13/2012   #10-0120
 

Compensation of any deputy marshals employed by the Marshal’s Office of the City of Bogalusa (Marshal’s Office) may be paid by either the city, or the parish, or both. The salary of the Bogalusa City Marshal is computed by totaling any amount paid by the City of Bogalusa and/or Washington Parish pursuant to La. R.S. 13:1883 as well as any payments made by the City and/or Parish for health insurance premiums or related benefits. The Marshal’s Office may provide benefits to the City Marshal and its employees in the form of health care insurance provided that all provisions of La. R.S. 33:5151 are satisfied.

Taxation<< Back To Top
DateArticle
6/16/2014   14-0073
 

Liability of persons & property

La. R.S. 47:341 et seq.

The City of Ponchatoula is not obligated to refund the occupational license tax overpayments.

2/1/2014   #13-142
 

Under La. R.S. 47:1990, the Louisiana Tax Commission may notchange or correct any assessment of property for the purpose oftaxation after the taxes levied have actually been paid.

12/5/2013   #13-0178
 An extension of the duration for which the tax is authorized to be levied does not constitute a tax increase. As such, the Lafourche Parish Charter does not require that an ordinance that rededicates and extends the duration of a certain ad valorem tax be enacted only when voted upon favorably by at least a two-thirds (2/3) majority (6) of the voting members of the Council. Also, under the proposition in question, the rededication would only affect ad valorem taxes levied in 2014. Finally, it was permissible for the Lafourche Parish Council to approve an ordinance to levy the library millage at 3.80 mills in 2013 and then subsequently approve the ordinance mentioned above to hold extension and partial rededication election.
11/16/2013  13-0193
 A notice that appears on a page of the newspaper that mainlycontains notice of court actions not published at the direction of governmental officials and is not located on the same page as the classified advertisement or public notice section complies with theprovisions of La. R.S. 47:1705(B)(2)(c)(iii)(aa).
11/16/2013  13-0193
 
10/1/2013   #12-0214
 If a tax recipient body adopts a resolution by which it attempts to increase millage rates in excess of that required by La. Const. art. VII, §23(B) but not in excess of the prior year’s authorized millage rate and such resolution fails to set forth and designate the adjusted millage rate, then the tax recipient body must publish, by July fifteenth and on two separate days no less than thirty days before the public hearing, notice of the subsequent public hearing to amend or correct the previous resolution.
9/3/2013   #13-0099
 The Town of Tullos may collect occupational license taxes properly enacted by the Town's governing authority pursuant to La. R.S. 47:341, and which have not prescribed
8/20/2013   #13-0059
 Ad valorem tax proceeds dedicated "for the purpose of maintaining and operating the Cameron Parish Courthouse and Jail,” may not be used to maintain and operate buildings other than those that house the court and jail.
8/2/2013   #13-0038
 The Bienville Parish School Board is not entitled to a fee or commission on taxes collected by the Department of Public Safety. 
5/29/2013   #13-0024
 

Sales and use tax proceeds dedicated, in part, to pay for "the operation costs of police protection and public safety,” may be used by the City of Slidell for 2 specified reasons

3/26/2013   #13-0010
 Sales and use taxes are not due or collectable on either the sale of a storm shutter device by a wholesale supplier or manufacturer to a retail dealer for resale of such device to an end user or the sale or installation of a storm shutter device by a retail dealer to or for an end user.
2/26/2013   #12-0219
 A special tax passed by the voters of the City of New Iberia on November 21, 2002, the proceeds of which shall be used "after paying the reasonable and necessary expenses of administering the Tax, [is] to be dedicated and expended solely for the purpose of increasing and supplementing the salaries and benefits of firemen” may be used to pay for health and hospitalization insurance and worker's compensation insurance for firemen, to provide uniforms for firefighters, and may be used to pay administrative expenses directly associated with administering the fund. These tax proceeds may not be used to fund training and seminar expenses, or for litigation expenses and attorney's fees to defend the integrity of the fund as these expenses do not fall within the commonly accepted definition of a "benefit.”
1/29/2013   #12-0169
 Article VII, Section 14 of the Louisiana Constitution of 1974 requires the East Feliciana Parish School Board to pursue collection of unpaid and disputed taxes unless the School Board determines that the benefit or value of recovery would be less than the costs that would be expended pursuing collection of the taxes.
1/29/2013   #12-0226
 In order to be exempt from ad valorem taxation under La. Const. art. VII, §21(C)(11), agricultural machinery and other implements must be used upon agricultural lands owned or leased by the person claiming the exemption (i.e. the owner of the agricultural machinery and other implements) and meet the other requirements of La. R.S. 47:1705.
1/9/2013   #12-0203
 An additional local proposition is not required by the Parish of Bossier to implement the amendment to La. Const. art. VII § 21 (K) contained in Act 875 of the 2012 Regular Legislative Session.
11/29/2012  #11-0085A
 Under La. R.S. 33:1236(21)(a)(i) and La. R.S. 47:2128, an ordinance is sufficient to enforce the collection of liens for grass cutting charges at ad valorem tax sales. Such liens must be sold within the time period provided for in La. R.S. 47:2131 and can be enforced even against a property owner who, due to the homestead exemption, otherwise owes no ad valorem taxes. Assuming the lien is recorded within sixty days from the date of completion of the cutting or removal, it is first in rank and concurrent with the liens listed in La. R.S. 9:4821. Once recorded, the lien and privilege prescribes in ten years from the date of recordation unless a notice of reinscription is timely filed by the parish governing authority in the manner prescribed for reinscription of mortgages. Finally, under La. R.S. 47:2160, if the grass cutting charges are not included in the bid price for the property, the property remains subject to the lien.

10/2/2012   #12-0121
 A tax recipient body may not, under La. R.S. 47:1705(B)(2)(c)(i)(aa), deduct estimated costs of collection from the estimate of the amount of tax revenues to be collected or the amount of tax revenue for the current year. Nevertheless, under La. R.S. 47:1705(B)(2)(c)(i)(aa), when calculating the estimate of the amount of tax revenues to be collected, unless a tax recipient body historically collects one hundred percent of its ad valorem taxes in same year as levied, it must deduct a reasonable amount, based on historical data, of estimated uncollectable ad valorem taxes from the amount shown to be collectable by the tax rolls. Also, under the facts presented, the publication of the notice of the meeting to increase millages is deemed to be in accordance with the publication requirements provided in La. R.S. 47:1705(B)(2)(c)(ii)(bb).
9/25/2012   #12-0115
 Absent specific legislative authority, a municipality cannot levy a hotel occupancy tax or create a recreational district.
9/25/2012   #12-0119
 The tax authorities in East Feliciana Parish may exempt, from sales and use taxes, sales of services described in La. R.S. 47:301(14)(g)(i)(bb) by having a valid ordinance providing for such exemption in place at the time the sales of such services occur.
7/17/2012   #12-0089
 Sale and use tax proceeds must be used solely for the purposes approved by the voters.
6/7/2012   #12-0013
 For occupational license tax purposes, the term "business” could include an individual who rents out residential real estate, depending on the nature and purpose of the rental activity. Additionally, under La. R.S. 47:360, a parish may grant such occupational license tax exemptions or deductions as it deems necessary.


5/30/2012   #12-0095
 Since the Capital Area Transit System is not a city, town or village, any special ad valorem tax levied by it is subject to the homestead exemption. 
5/10/2012   #12-0028
 Under La. R.S. 47:342(7), which generally applies to all municipalities or parishes that impose an occupational license tax, the maximum occupational licnese tax amount of two thousand, two hundred dollars is a cap on the license tax to be paid by a real estate broker for each business location that such broker has in a municipality or parish. 
5/8/2012   #12-0012
 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.
Taxation & Exemption<< Back To Top
DateArticle
1/23/2014   #13-0215
 A bona fide homestead under La. Const. art. VII, § 20(A)(1) is not eligible for the homestead exemption if an LLC owns such homestead subject to a usufruct in favor of a natural person who owned the homestead immediately prior to the granting of such usufruct, qualified for the homestead exemption before the transfer, and continues to occupy the residence on the homestead.
4/16/2013   #12-0179
 The assessor must deny the La. Const. art. VII, § 21(B)(1)(a)(i) ad valorem tax exemption to a nonprofit corporation unless and until the nonprofit corporation establishes that it is organized and operated for purposes that alleviate the burdens of government.
Taxation, Health & Retirement<< Back To Top
DateArticle
12/11/2012  #12-0216
 It is permissible for the East Feliciana School Board to use tax proceeds dedicated, in part, to pay for employees’ salaries and benefits in order to pay for health insurance premiums and the employer’s share of retirement contributions.
Taxation--Ad Valorem Taxes<< Back To Top
DateArticle
3/17/2014   #14-0004
 

Under La. R.S. 47:2243, the five percent penalty associated with redeeming tax sale title to property does not accrue on an annual basis.

1/2/2013   #12-0155
 Provided that the Mayor was using his private tractor for authorized municipal purposes, the Village could be held liable for the damage associated with an accident caused by his negligence. This includes both the property damage to the Mayor’s tractor; and the injuries and property damage of a third party.
1/2/2013   #12-0178
 If a tax-exempt nonprofit corporation acquired immovable property after January 1, 2011 and sold it during the same year, such property would not be exempt from parish ad valorem taxes unless it had been determined to be non-taxable on January 1 of such year.
Utilities<< Back To Top
DateArticle
6/20/2014   14-0064
 

La.Rev.Stat. 33:3881, La.Rev.Stat. 33:3885 

Based on the facts and information presented, the Board of Supervisors for the Concordia Parish Sewer District #1 acted in accordance with its statutorily delegated authority in increasing sewer service charges.

Water Districts<< Back To Top
DateArticle
6/20/2014   14-0069
 

La. Rev. Stat. 33:3820

The Concordia Parish Waterworks District ("District”) may establish a policy governing who may apply for water service and under what conditions that person may receive water service. The person who actually contracts with the District to receive water service is ultimately and exclusively responsible for all charges related to such service.

Workers Compensation<< Back To Top
DateArticle
8/20/2013   #13-0121
 Director of the Office of Workers' Compensation has the authority to make a final decision on conflicts of interest involving the medical director or associate medical director and the parties to a medical necessity dispute.
4/16/2013   #13-0011
 An RV park with a boat ramp is a "related facility” under La. R.S. 34:2308, and therefore the RRWC has the authority to develop and construct a recreational facility despite the fact that the general stated object and purpose of the Red River Waterway Commission is to establish, operate and maintain a navigable waterway system.
12/5/2012   #11-0035
 The Lafayette Marshal’s Office is not a department, office or agency of the Lafayette City-Parish, nor are the Marshal’s employees City-Parish employees. The City-Parish attorney is not required to represent them in any legal proceedings. The City-Parish is not required to provide motor vehicles or worker’s compensation for the Marshal’s Office. The City-Parish is required to pay for the maintenance and operation of the Marshal’s Office and its motor vehicles.
6/18/2012   #12-0035
 The Louisiana Labor and Workers’ Compensation Law, R.S. 23:1021, et seq., La. law does not allow the State Fire Marshal to limit workers’ compensation coverage to volunteer firefighters who earn less that an annual limit of $600.00.


   

 

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