Could the Plaquemines Parish sheriff contract with the port district to provide security funded by its shipping tariff?

Plain-English summary

The Plaquemines Parish sheriff asked whether his office could enter a cooperative endeavor with the Plaquemines Port, Harbor and Terminal District. Under the proposal, deputies would provide additional marine patrol, dock and levee security, search and rescue, and other law enforcement services; the port would pay a fixed annual fee. In Opinion 03-0328, the AG concluded that the sheriff could enter the agreement if the services fell within the sheriff's duties, served a public purpose, were reasonably related to the port tariff, and yielded a benefit proportionate to the cost.

The AG pointed to the sheriff's parishwide law enforcement role and to tariff revenue assessed for policing the riverfront and related waterways. It said the port's proposed payment from that tariff supported an assumption that the benefit of the additional services would be commensurate with their cost.

Currency note

The full issue date is not legible in the available official extract. 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

Sheriff's office

The AG regarded the proposed patrol and security services as within the sheriff's legal duties in the parish. It found a public purpose in protecting people and property and approved the cooperative endeavor on the conditions stated in the opinion.

Port district and parish officials

The opinion described the port district as a political subdivision whose governing body was the Plaquemines Parish Council. It noted that the port tariff already included a fee for policing the river and riverfront. The AG linked the additional services and the port's payment to that existing tariff.

Common questions

Could the port pay the sheriff for additional security services?

The AG said yes under the proposed cooperative endeavor, provided the services were within the sheriff's duties, served the public, related to the tariff, and had value proportionate to their cost.

Why did the tariff matter?

The opinion said the tariff covered policing the riverfront and waterways. The AG treated that connection as supporting payment for the proposed additional services.

Did the sheriff already have law enforcement duties in the port area?

Yes. The AG said the sheriff's parishwide enforcement responsibility included residents and businesses within the port district.

Background and statutory framework

The opinion cited Article 7, Section 14(C) of the Louisiana Constitution for cooperative endeavors serving a public purpose. It described the port district's powers under its enabling statutes, including the tariff authority in La. R.S. 34:1356. The AG applied its stated requirements of a valid legal obligation, public purpose, and public benefit proportionate to cost to the sheriff-port proposal.

Citations and references

• Article 7, Section 14(C): cooperative endeavor authority discussed by the AG.
• La. R.S. 34:1356: port tariff authority described in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0328

Original opinion text

~tate ol ~oui~iana
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
70804-900.5
ATTORNEY GENERAL

Opinion Number 03-0328

90-A-1 Public Funds
90-A-2 Public Funds - Loan, Pledge or Grants
4
Sheriffs
Mr. Irvin F. Hingle, Sheriff La. R.S. 34:1351-1365
Parish of Plaquemines
Plaquemines Parish Sheriff may enter into cooperative endeavor
P.O. Box 67
with Plaquemines Port, Harbor and Terminal District to perform
certain law enforcement and security services provided such Pointe-A-La-Hatche, LA 70082 services fall within the legal duties of the Shedff, are reasonably related to the tadff assessed by the Port to the shipping industry and the cost of such is commensurate with the benefit received.
Dear Sheriff Hingle:

You have requested an opinion of the Attorney General on whether the Plaquemines Parish Sheriff’s Office may enter into a cooperative endeavor agreement with the Plaquemines Port, Harbor and Terminal District. Under the proposed agreement the Sheriff’s Office would provide certain law enforcement and security services to the Port, including, but not limited to, conducting marine patrols, conducting patrols of the levees and dock areas, performing search-and-rescue missions on approximately 120 miles of the Mississippi River and on other navigable waterways within the Parish and boundaries of the Port district, seeking, finding and detaining illegal immigrants and stowaways and persons who commit offenses in and around the Port district and/or Port facilities, and maintaining search-and-rescue capabilities. In return for these services the Port would pay to the Sheriff Office a fixed annual fee.

Article 7, Section 14 (C) of the Louisiana Constitution authorizes the state and its political subdivisions to engage in cooperative endeavors for a public purpose with governmental agencies, public or private corporations and/or individuals. Our office has consistently opined that such a cooperative endeavor, to be legally permissible, must be made pursuant to a valid legal obligation; must be for a public purpose; and, it must result in a public benefit that is proportionate to its cost. See Atty. Gen. Op. No. 01-86 and 01-0290.

The Plaquemines Port, Harbor and Terminal District was organized pursuant to La. R.S.
34:1351 -1365. The Port is a political subdivision of the State of Louisiana and is geographically coextensive with the Parish. The governing body of the Port is the same as the governing body of the Parish, that being the Plaquemines Parish Council. The Port is given the power to regulate the commerce and traffic within the port district including the authority to charge a reasonable fee to each vessel arriving in ballast or carrying cargo of any kind pursuant to La. R.S. 34:1356. Federal law requires that these fees or tariffs not exceed the reasonable costs of services to the Port and its users and that revenues from the fees actually be used to provide such services.
Shipping Act of 1984, 46 U.S.C. 1701-1720. See also NOSA v Plaquemines Port, Harbor and Terminal District, 874 F.2d 1018 (5th cir. 1989), NOSA v. Plaquemines Port,

Page 2

Opinion Number 03-0328
Mr. Irvin F. Hingle, Sheriff
Parish of Plaquemines
Page -2-

Harbor and Terminal District, 838 F.2d 536, (D.C. Cir. 1988). The Port Tariff currently in effect includes a fee for policing the river and riverfront and all navigable waterways, as well as the banks, battures, and contiguous and adjacent areas affected by port, harbor, terminal, water, and marine activities. See Plaquemine Port, Harbor & Terminal District Tariff #1 effective July 20, 1984. In order to provide the additional law enforcement duties authorized by the tariff the Plaquemines Port, Harbor, and Terminal District and the Plaquemines Parish Sheriff would enter into a cooperative endeavor agreement wherein the Sheriff would provide the additional law enforcement and security services for which the tariff has been assessed and the Port would pay the Sheriff an amount equal to the cost of the law enforcement and security services.

Previous opinions of our office have stated that the parish sheriff has the responsibility in the entire parish for enforcement of all State, Parish, local laws and ordinances. Atty Gen. Op. No. 94-105 and No. 83-17. Accordingly, the Sheriff has a legal obligation to provide law enforcement and security services to residents and businesses within the parish, including the Port. Providing such services clearly furthers a pubic purpose in providing for the welfare, health and safety of persons and property within the parish.

It is therefore the opinion of this office that the Plaquemines Parish Sheriff Office is sanctioned and authorized to enter into a cooperative endeavor agreement with the Plaquemines Port, Harbor and Terminal District for the purpose of providing additional law enforcement and security services which are reasonably related to the current tariff assessed the shipping industry. Providing such services clearly falls within the legal duties and obligations of the sheriffs’ office and will serve a public purpose in providing for the welfare, health, and safety of persons and property within the parish. Because the Port District will pay the costs of providing these services from a tariff or fee assessed the shipping industry, we can assume that the value or benefit of the services will be commensurate with the costs paid by the Port District.

We trust 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: ~ ~
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RICHARD L. M~EY
Assistant Attorney General

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