Could Cheneyville’s mayor drive a town or police vehicle while conducting town business?

Plain-English summary

Cheneyville’s mayor asked whether he could drive a town vehicle, including a police car, while on town business. The AG said the mayor administered town property and supervised the appointed police chief under the statute it cited. It concluded official town-business use of a town vehicle was permissible and did not amount to a prohibited loan of public resources. The aldermen could restrict vehicle use by ordinance or arrange mileage reimbursement when the mayor used a personal vehicle for town business.

Currency note

This opinion was issued in 2002. 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.

Common questions

Could the mayor use a town police car for official business?
The AG said yes as administrator of town property, subject to restrictions the aldermen could adopt.

Did the ban on loaning or pledging public funds prevent official vehicle use?
The opinion said the ban did not apply to a town vehicle used for town business.

Could the aldermen limit vehicle use?
Yes. The AG said the aldermen could impose restrictions or provide mileage reimbursement for use of the mayor’s own vehicle on town business.

Background and statutory framework

The opinion cited R.S. 33:381(19) on the mayor’s supervision of the appointed police chief and Article 7, Section 14 on public resources. Its conclusion was limited to town business use.

Citations and references

• The legal authorities cited appear in the original text below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0096

Original opinion text

DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (504) 342-7013
FAX: (504) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

APR 0 5 2002
OPINION 02-96
77 - Officers - Local &
Municipal
R.S. 33:381

Mayor Robert Cox, Jr.
The Mayor is custodian of
tow~ propery and supervise
Town of Cheneyville
the office of an appointed
P.O. Box 322
Chief of Police. Use of a town
Cheneyville, LA 71325
vehicle is permissible of towr~
business unless restricted by town ordinance.
Dear Mayor Cox:

This office is in receipt of your request for an opinion of the Attorney General in regard to your use of a town vehicle including a police car while on business for the Town.

This office has concluded that the mayor as chief executive officer of the municipality is the custodian and administrator of town property. Atty. Gen Op. 94-277. Moreover, pursuant to R.S. 33:381(19) in providing that the office of police chief in Cheneyville shall be appointive, it further provides that the mayor in accordance with ordinances shall supervise and direct the administration of the office, and the chief shall report directly to the mayor.

While the Constitution prohibits the loan or pledge of public funds under Art. 7, Section 14, this would not be applicable to the use of a town vehicle while on town business.
Therefore, we must conclude as the administrator of town property, you would have the authority to drive a town vehicle or police car while on Town business. However, the aldermen, as the legislative branch of government may place restrictions on the use of a city vehicle, or could provide for reimbursement for the maintenance and expenses required by use of your personal vehicle while on town business on a milage basis.

We hope this sufficiently answers your inquiry.

Very truly yours,

RICHARD P. IEYOUB
Attorney General

By:
BARBARA B. RUTLEDGE
Assistant Attorney General