Could Carencro reimburse its police chief for using a personal car and insure him for duty-related liability?
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This page answers the general question as of 2001. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
Carencro's police chief asked whether the city could pay for his use of a personal car on duty and insure the vehicle during official use. In 2001, the attorney general's office said the city could reimburse actual official mileage at a rate set by the governing authority if adequate mileage records were submitted. Alternatively, it could pay a lump-sum car allowance if the allowance was treated as additional compensation and appropriate taxes were withheld.
The office also read La. R.S. 33:5153 to allow a political subdivision to buy insurance for officers and employees against personal liability arising in the course and scope of public duties. It concluded the city could insure the chief against personal liability from driving his own car on duty. The opinion framed that as liability coverage for the chief, rather than a general ruling on insuring all damage to the privately owned vehicle.
Currency note
This opinion was issued in 2001. 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.
Carencro officials at the time
The opinion described two payment methods: documented actual mileage or a lump-sum allowance treated as taxable compensation. It also allowed the city to insure the chief's duty-related personal liability.
Police chief at the time
The office said mileage reimbursement required adequate records of actual official miles. A flat allowance was compensation rather than a reimbursement of documented expense.
Common questions
Q: Could the city reimburse the chief's personal-car mileage?
A: Yes, for actual official mileage documented to the governing authority at its established rate.
Q: Could it instead pay a fixed car allowance?
A: Yes, if treated as additional compensation with appropriate tax withholding.
Q: Did the opinion permit insurance for the chief's duty-related driving liability?
A: Yes. It applied the statute authorizing insurance for personal liability arising during public duties.
Background and statutory framework
The opinion applied Article 7, Section 14 of the Louisiana Constitution to distinguish reimbursement of public-duty expenses from an unsupported public payment. It applied La. R.S. 33:5153 to insurance for officers' and employees' personal liability in the course and scope of duty.
Citations and references
- Article 7, Section 14 of the Louisiana Constitution (public-funds restriction)
- La. R.S. 33:5153 (insurance against personal liability)
- Attorney General Opinion 94-244 (earlier car-allowance analysis)
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0483
Original opinion text
January 5, 2001
OPINION NUMBER 00-483
54
INSURANCE
90-A2
PUBLIC FUNDS
71
MUNICIPALITY
Mr. Jimmy Duhon
Chief of Police
The Carencro governing authority may provide its Chief of Police
a lump sum car allowance provided that the appropriate taxes are Carencro City Police withheld or it may reimburse the Chief of Police for the actual
121 Andre’ Street
mileage traveled in the performance of his public duties provided
P.O. Drawer 10
that adequate documentation is submitted reflecting the miles
traveled. The Carencro governing authority may contract for Carencro, Louisiana 70520 insurance to insure its Chief of Police against any personal liability which may arise in the course and scope of his employment.
Dear Mr. Duhon:
We received your request for an opinion regarding the authority of the Carencro governing authority to reimburse you for the use of your personal vehicle in the performance of your duties as Chief of Police. You also question the authority of the governing authority to insure your vehicle for those times when it is being used in fulfillment of your public duties.
Our office previously opined that a public employee may be reimbursed for travel expenses. The reimbursement may be done as follows. First, the employee may be reimbursed for the actual mileage traveled in performance of his public duties at a mileage rate established by the governing authority. Adequate documentation of the mileage must be submitted to the governing authority. This procedure provides for a true reimbursement of actual expenses. Second, the governing authority may provide you with a lump sum car allowance. However, if this is done, the governing authority must treat the allowance as additional compensation and the appropriate taxes must be withheld. Attorney General Opinion 94-244. If one of these procedures is not utilized by the governing authority, the allowance or reimbursement may violate Article 7, Section 14 of the Louisiana Constitution which prohibits the donation, loan, or pledge of public funds.
La. R.S. 33:5153 provides that any political subdivision of the state may contract for insurance to insure its officers, employees, agents and officials against any personal liability that may arise in the course and scope of their duties as public officers, agents, officials or employees. Thus, the Carencro governing authority may insure you against any personal liability arising from driving a personal vehicle while in the course and scope of your employment as Chief of Police.
Page 2
Mr. Jimmy Duhon
Opinion No. 00-483
Page 2
In sum, it is our opinion that the Carencro governing authority may provide you with a lump sum car allowance provided that the appropriate taxes are withheld or it may reimburse you for the actual mileage traveled in the performance of your public duties provided that adequate documentation is submitted to the governing authority reflecting the actual miles traveled. It is further our opinion that the governing authority may contract for insurance to insure you against any personal liability that may arise in the course and scope of your employment as Chief of Police.
We trust that this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office.
With kindest regards,
Very truly yours,
RICHARD P. IEYOUB
ATTORNEY GENERAL
TINA VICARI GRANT
Assistant Attorney General
RPI/TVG/crt
Page 3
Mr. Jimmy Duhon
Opinion No. 00-483
Page 3
SYLLABUS
OPINION NUMBER 00-483
54
INSURANCE
90-A2 PUBLIC FUNDS
71
MUNICIPALITY
La. R.S. 33:5153, Article 7, Section 14 of Louisiana Constitution
The Carencro governing authority may provide its Chief of Police a lump sum car allowance provided that the appropriate taxes are withheld or it may reimburse the Chief of Police for the actual mileage traveled in the performance of his public duties provided that adequate documentation is submitted reflecting the miles traveled. The Carencro governing authority may contract for insurance to insure its Chief of Police against any personal liability which may arise in the course and scope of his employment.
Mr. Jimmy Duhon
Chief of Police
Carencro City Police
121 Andre’ Street
P.O. Drawer 10
Carencro, Louisiana 70520
DATE RECEIVED: DECEMBER 01, 2000
DATE RELEASED: January 5, 2001
AUTHOR: TINA VICARI GRANT
Assistant Attorney General
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