Could Central Lafourche's ambulance district contract with a for-profit company for emergency service?

Plain-English summary

Lafourche Parish Council questioned a contract between Central Lafourche Ambulance Service District and a for-profit ambulance company to provide emergency services. In Opinion 03-0120, the Attorney General concluded the contract was valid. The district's home-rule charter provisions allowed it to carry out its ambulance-care purpose and enter contracts; a clause expressly allowing leases with nonprofit associates did not prohibit contracts with for-profit providers.

The AG said the district's purpose was to provide ambulance care and transport to residents, not merely to own vehicles itself. He also relied on Louisiana statutes allowing regulation of private ambulance services and on a voter-approved special tax whose stated purpose was to pay for contracting with private ambulance providers. He rejected the council's argument that the contract betrayed the district's original voter mandate.

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

Ambulance district

The AG treated contracting for private emergency service as within the district's purpose and powers. He read the charter's specific nonprofit-lease authorization as leaving room for a separate for-profit service contract.

Parish council and voters

The opinion found the contract consistent with the voters' approval of a special tax to finance private ambulance services. It disagreed with the council's narrower reading of the district's founding purpose.

Common questions

Q: Did the district have to own and operate all ambulances itself? A: The AG said no. He read its broader purpose as providing care and transport and recognized authority to contract for that service.

Q: Did the charter's nonprofit-lease clause forbid a for-profit contractor? A: No. The opinion said the clause authorized certain nonprofit leases but did not prohibit contracts with for-profit associates.

Q: Did the special tax authorize payment for private ambulance service? A: The AG said yes. He described a voter-approved resolution levying the tax for the cost of contracting for private service in the district.

Background and statutory framework

The opinion reviewed Lafourche Parish's post-1974 home-rule powers, the ambulance district's charter purpose, and La. R.S. 33:4791 and 33:4791.1 on local regulation of private ambulance services. It also referenced La. R.S. 33:9041 on ambulance-service districts. The source's date stamp is incomplete, so no exact issue date is assigned.

Citations and references

Authorities in the opinion: La. R.S. 33:4791; La. R.S. 33:4791.1; La. R.S. 33:9041.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0120

Original opinion text

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

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DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

MAY 0
Opinion Number 03-0120

71-1-B Municipalities- Home Rule Charter 90-A-1 Public Funds & Contracts
Article 6, Section 5 of Louisiana Constitution
Mr. Joel Pierce, Council Clerk
La. R.S. 33:4791
Mr. Darryl Marlbrough, Council Chairman
La. R.S. 33:4791.1
La. R.S. 33:9041
Lafourche Parish Council
P.O. Box 5548
Contract between Central Lafourche Ambulance Service
Thibodaux, LA 70302
District and private, for-private company is valid.

Dear Mr. Pierce and Mr. Marlbrough:

As outlined in your request, the Lafourche Parish Council questions the validity of a contract entered into between a private, for-profit ambulance company and Central Lafourche Ambulance Service District for emergency medical and ambulance services to the residents of the District.

In short, we believe the contract is valid. Lafourche Parish is a post-1974 home rule charter government. As such, the charter provides for the structure and powers of the Parish that are necessary, requisite, or proper for the management of its affairs and are not denied by general law or inconsistent with the Louisiana Constitution. Additionally, a home rule charter government has all powers and functions granted to local governmental subdivisions by the constitution except those powers which are prohibited by the charter.1

Central Lafourche Ambulance Service District was created pursuant to Title 33 of the Louisiana Revised Statutes and Article 3 of the Lafourche Parish Home Rule Charter. It was created for the purpose of owning and operating ambulances for the care and transportation of residents who require ambulance care. Although the charter specifically empowers the District to enter into lease agreements with non-profit associates that are primarily engaged in the operation of ambulance related organizations, it is not prohibited from entering into lease agreements with for-profit associates. Additionally, the District has the power to do and perform any and all acts in its capacity that are proper for the carrying out of the objects and purposes for which it was created and specifically has the power to enter into contracts for the acquiring of ambulance and medical facilities.

Article 6, Section 5 of the Louisiana Constitution of 1974

Page 2

Opinion Number 03-0120
Mr. Joel Pierce, Council Clerk
Mr. Darryl Marlbrough, Council Chairman
Lafourche Parish Council
Page -2-

A home rule charter may contain more stringent requirements than the Louisiana Constitution or general law, however, it may not conflict with or supersede either.2 La. R.S. 33:4791 allows a governing authority to adopt ordinances to regulate ambulance services that are operated by private individuals or companies. La R.S. 33:4791.1 allows a governing authority to protect the public health, safety, . and welfare of its citizens by licensing, controlling, and regulating, by ordinance or resolution, privately operated ambulance services, the furnishing of emergency medical services, and any and all aspects attendant to ambulance operations within its jurisdiction. Louisiana promotes the use of medically acceptable and reliable ambulance services and through this statute makes clear that it favors the use of privately operated ambulance services.

The Council takes the position that this contract is outside the District’s authority. We disagree. In support of its position, the Council first relies upon the language in the charter describing the object and purpose of the District. The language is that the District is to own and operate ambulances and the council interprets this to mean that the District cannot simply contract for ambulance services but must actually own and operate the ambulances. We first note that the object and purpose of the District contains more than merely owning and operating ambulances. Rather, it includes owning and operating ambulances for the care and transportation of persons suffering from illness or disabilities that require ambulance care. It is apparent that the primary purpose is to provide ambulatory care to the residents of the District. It is also interesting to note that the object and purpose described in the charter is identical to the object and purpose of ambulance service districts provided by statute.3 As noted earlier, the State of Louisiana favors the use of privately owned ambulance services and empowers local governing authorities to regulate them by ordinance or resolution.

This is exactly what Central Lafourche Ambulance Service District did. It, by resolution presented to the voters of the District, levied a special tax for the purpose of paying the cost of contracting for private ambulance services in the District. The voters overwhelmingly approved the resolution. The current contract between Central Lafourche Ambulance Service District and a private, for-profit ambulance corporation squarely falls within this resolution and is not at all inconsistent with the constitution or general law. Although the charter specifically authorizes the District to enter into lease agreements with non-profit associates, it does not prohibit the District from contracting with for-profit associates.

The Council questions if this contract goes against the confidence of the voters who approved and created the District. We do not believe so. On the contrary, the contract

Attorney General Opinion Number 02-0258
Lao R.S. 33:9041

Page 3

Opinion Number 03-0120
Mr. Joel Pierce, Council Clerk
Mr. Darryl Marlbrough, Council Chairman
Lafourche Parish Council
Page -3-

is a direct reflection of the voters’ confidence and approval of the special tax to allow for such a contract.

We trust that this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General

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