Could a Louisiana sheriff increase payroll near a governor's election to open a halfway house?

Plain-English summary

The Louisiana Sheriffs' Association asked whether a sheriff preparing to open a halfway house could increase payroll during the period when a criminal statute restricted political payroll padding around a gubernatorial election. The house would not be finished before that period began. In Opinion 03-0023, the Attorney General said completing a halfway house for the physical custody of inmates fell within the statute's exception for an increase necessitated by completion of a new or expanded prison facility.

The opinion identified the exception and found that the described halfway house qualified as a facility. It did not map the permitted increase to specific hiring dates or decide whether an expense unrelated to completing the facility qualified.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Sheriffs and department administrators

The AG treated the sheriff's halfway house as a prison facility for the exception in R.S. 14:139.1 because it would hold inmates in physical custody. He said the completion of that facility exempted the sheriff from wrongdoing under the payroll-padding provision he analyzed.

Officials reviewing election-period payroll changes

The statute quoted in the opinion covered specified periods before and after a gubernatorial election and included exceptions for emergencies, certain tax-district revenue, and completion of new or expanded prison facilities. The opinion applied the facility exception to the halfway house described in the request.

Common questions

Q: Did the AG consider a sheriff's halfway house a prison facility under the exception?
A: Yes. He said a halfway house used for physical custody of inmates fit the exception for completion of a new or expanded prison facility.

Q: Did the payroll restriction disappear for every sheriff expense near an election?
A: No. The AG addressed an increase tied to completing the halfway house under a stated exception. He did not approve unrelated spending.

Q: Did the opinion specify exactly when new employees could be hired?
A: No. The request said the house would be unfinished when the restricted period started, but the answer focused on whether completing it fit the statutory exception.

Background and statutory framework

The request concerned R.S. 14:139.1's criminal restriction on political payroll padding by a sheriff during a period tied to a gubernatorial election. The opinion quoted paragraph C, which exempted specified emergencies, use of additional tax-district revenue, and payroll increases necessitated by completion of a new or expanded prison facility. The PDF extract has no legible issue date, so the date field is blank.

Citations and references

Authority in the opinion: R.S. 14:139.1, particularly paragraph C's prison-facility exception.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0023

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

One American Place
301 Ma~n Street, Suite 600
DEPARTMENT OF JUSTICE
P.O Box 94005
CIVIL DIVISION
TEL. (504) 342-7013
BATON ROUGE
FAX. t504; 342-2090

RICHARD P. IEYOUB
70804-9095
AI-i’ORN EY GENERAL

CRIMINAL LAW - Crimes & Offenses
A.R. "Buddy" Hodgkins, Jr.
16 -
SHERIFFS - Constables & Marshals, tndudtng Ex-Officto 107 -
Assistant Executive Director
Tax Collectors, dghts, powers & duties, in general
Political payroll padding by a sheriff is a criminal violation under R.S.
Louisiana Sheriffs’ Association 14:139.1, except when an increase in payroll is due to the completion
1175 Nicholson Drive
of a new or expansion of an existing pdson facility. A halfway house to

Baton Rouge, Louisiana 70802 house inmates fits this exception.

Dear Mr. Hodgkins:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Your letter states that under R.S. 14:139.1, a sheriff is limited in the number of new employees he can hire and in how much he can increase his payroll or other operating expenses 6 months before a gubernatorial election and during the time period between the election and the first day of July following election. You also point out the exception in paragraph C of this law with regard to the completion of new or expansion of an existing prison facility.
Thus, you seek our opinion as to whether a sheriff who is in the process of opening a halfway house that will not be finished before this restrictive period begins would be in violation of R.S. 14:139.1 or exempt under paragraph C?

R.S. 14:139.1 is a criminal statute which provides criminal penalties for political payroll padding by a sheriff six months preceding a gubernatorial election and the time between the gubernatorial election and the first day of July following the election. Paragraph (C) provides an exemption from criminal wrong doing where an increase in a sheriff’s payroll is due to the completion of a new or expanded existing prison facility, as follows:

Co
The provisions of this Section shall not apply when the increases or decreases are necessitated by flood, invasion by common enemy, or other public emergency. In addition, the provisions of this Section shall not apply to any increase based upon the utilization of additional revenue from a tax district election or to an increase necessitated by the completion of a new or expansion of an existinq prison facility.
(Emphasis added).

It is our opinion that the completion of a halfway house by a sheriff, which is obviously for the physical custody of inmates, fits within the meaning of the exception to R.S. 14:139.1, cited above, thus exempting the sheriff from criminal wrong doing under this law.

A.R. "Buddy" Hodgkins, Jr.
Opinion Number 03-0023
Page -2-

If our office can be of further assistance, please advise.

Yours very truly,

RICHARD P. IEYOUB
Aq!~’l’O R N E~-~G,F~E RAL

Assista Attorney General

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