Could a Louisiana sheriff help pay to improve a police-jury road serving the parish jail?

Plain-English summary

The Franklin Parish Sheriff's Department asked whether it could spend its funds to improve a gravel road owned by the parish police jury and ending at the detention center gate. In 2000, the attorney general's office said the sheriff and police jury could enter a cooperative endeavor for the work.

The opinion linked the expense to the sheriff's responsibility for the parish jail. Because the road was primarily used for jail access, it said the sheriff's department could bear a majority or even all of the cost if that share matched the benefit it received. It treated the road improvement as a public-purpose expenditure under the constitutional test it described.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Sheriffs at the time

The opinion allowed the sheriff to fund an improvement to a road owned by another public body through a cooperative endeavor. It tied the cost share to the sheriff's benefit from jail access.

Parish police juries at the time

The road remained police-jury property in the facts presented. The opinion identified a cooperative endeavor with the sheriff as the route for the proposed work.

Common questions

Q: Did the sheriff have to own the road before paying to improve it?
A: The opinion said no. It approved a cooperative endeavor to improve the police-jury-owned road used to reach the jail.

Q: Could the sheriff's department pay the full cost?
A: The office said it could share most or even all costs because the jail was the road's primary user, so long as cost remained proportionate to benefit under its analysis.

Q: Why was improving this road a public expense?
A: The opinion connected the road to entering and leaving the parish jail and to the sheriff's statutory duty as keeper of that jail.

Background and statutory framework

The opinion applied Article 7, Section 14 of the Louisiana Constitution to the cooperative endeavor. It described three requirements: legal obligation to spend, public purpose, and benefit proportionate to cost. It cited Article 5, Section 27 for the sheriff's law-enforcement role and La. R.S. 33:1435 and La. R.S. 33:1422 D for jail duties and property authority.

Citations and references

• Article 7, Section 14 of the Louisiana Constitution (public-funds and cooperative-endeavor rule)
• Article 5, Section 27 of the Louisiana Constitution (sheriff's role)
• La. R.S. 33:1435 (sheriff as keeper of parish jail)
• La. R.S. 33:1422 D (property for adequate and safe jail)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0361

Original opinion text

November 9, 2000
OPINION NUMBER 00-361

Mr. Kevin Cobb
Financial Officer
Franklin Parish Sheriff's Department
6556 Main Street
Winnsboro, Louisiana 71295

Dear Mr. Cobb:

We received your request for an opinion regarding the use of Franklin Parish Sheriff Department funds to upgrade a road owned by the Franklin Parish Police Jury. Your request indicates that this is a one mile gravel road which ends at the gate of the Franklin Parish Detention Center.

Because your request questions the use of public funds, it must be addressed in light of Article 7, Section 14 of the Louisiana Constitution, which prohibits the donation of funds, credit, property, or things of value of the state or any of its political subdivisions to or for any person, association, or corporation. Our Jurisprudence indicates that Article 7, Section 14 is violated whenever the state or one of its political subdivisions seeks to give up something of value when it is under no obligation to do so. City of Port Allen v. Louisiana Municipal Risk Agency, 439 So.2d 399 (La. 1983).

Article 7, Section 14 (C) authorizes the state and its political subdivision to enter into cooperative endeavors for a public purpose with other governmental agencies, public or private corporations, or individuals. A constitutionally sound cooperative endeavor must meet a three-prong test: first, there must be a legal obligation to expend the funds; second, the expenditure must be for a public purpose; and third, the expenditure must create a public benefit that is proportionate to its cost.

Article 5, Section 27 of the Louisiana Constitution of 1974 provides that the Sheriff is the chief law enforcement officer of the parish. La. R.S. 33:1435 further provides that each Sheriff shall be keeper of the public jail of his parish. La. R.S. 33:1422 D also provides that the Sheriff may purchase and equip such real property as is necessary to provide an adequate and safe jail. Thus, the Sheriff of Franklin Parish, as the chief law enforcement officer of the parish, is vested with broad authority to maintain and/or administer the public jail of his parish. The expenditure clearly serves a public purpose

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Mr. Kevin Cobb
OPINION NO. 00-361
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since the road is used to enter and exit the parish jail. Further, because this road is primarily used for the jail, the Franklin Parish Sheriff's Department could share the majority, if not all, of the costs because it will benefit the most from such an endeavor. Thus, the costs would be proportionate to the benefit.

In sum, it is our opinion that the Franklin Parish Sheriff's Department may enter into a cooperative endeavor with the Franklin Parish Police Jury to improve a road that is owned by the police jury and is used for travel to and from the parish jail.

We trust this adequately responds to your request. If you need additional information or have any questions whatsoever, please do not hesitate to contact our office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ____
TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL

RPI/TVG/crt

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OPINION NO. 00-361

SYLLABUS

Article 7, Section 14 of the Louisiana Constitution
Article 5, Section 27 of the Louisiana Constitution
La. R.S. 33:1435
La. R.S. 33:1422 D

Franklin Parish Sheriff's Department may enter into a cooperative endeavor with the Franklin Parish Police Jury to improve a road that is owned by the police jury and is used for travel to and from the parish jail.

Mr. Kevin Cobb
Financial Officer
Franklin Parish Sheriff's Department
6556 Main Street
Winnsboro, Louisiana 71295

DATE RECEIVED:

DATE RELEASED: November 9, 2000

AUTHOR: TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL