Could private supporters create a nonprofit foundation to raise money for the Orleans Parish district attorney's office?

Plain-English summary

Business and civic leaders proposed a separate, private nonprofit foundation to raise money for the Orleans Parish District Attorney's Office. In Opinion 03-0350, the AG said it found no legal impediment to creating that organization. Article 7, Section 14 of the Louisiana Constitution prohibited public bodies from donating public funds, but did not prohibit them from receiving donations.

The AG did not resolve ethical questions about the arrangement. It recommended an opinion from the Louisiana Board of Ethics.

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

Foundation organizers

The proposal described a 501(c)(3) corporation separate from the district attorney's office. The AG found no legal obstacle to its creation on the question presented. Its answer addressed the difference between donating public funds and receiving donated funds.

District attorney's office

The opinion did not give an ethics clearance. Officials considering the foundation were directed to the Board of Ethics for that part of the inquiry.

Common questions

Did the public-funds donation ban prevent the DA's office from receiving gifts?

No. The AG said the constitutional rule against public donations did not bar a public office from receiving donated funds.

Did the opinion allow the DA's office to give public money to the foundation?

It did not decide that question. The proposed foundation would raise private funds for the office, and the AG's answer concerned receipt of donations.

Did the AG approve the foundation under ethics rules?

No. It recommended seeking the Louisiana Board of Ethics' opinion on ethical considerations.

Background and statutory framework

Article 7, Section 14 of the Louisiana Constitution was the opinion's cited public-funds rule. The AG distinguished a political subdivision's donation of its own money from its receipt of privately donated money.

Citations and references

• Article 7, Section 14 of the Louisiana Constitution: cited public-funds donation restriction.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0350

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CI~/IE DI~’ISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

OCT ,9 7 2003
Opinion Number 03-0350

90-A-2 Public Funds - Loan, Pledge or Grants Article 7, Section 14 of Louisiana Constitution Honorable Eddie J. Jordan, Jr.
District Attorney, Parish of Orleans
Private, non-profit corporation may raise funds to
619 South White Street
benefit Orleans Parish District Attorney’s Office.
New Orleans, LA 70119

Dear Mr. Jordan:

Various business and civic leaders are contemplating creating a private, non-profit foundation for the benefit of the Orleans Parish District Attorney’s Office. The foundation will be separate and apart from the District Attorney’s Office and will be created as a 501 (c) (3) corporation, a tax exempt organization. You question if there are any legal or ethical considerations that would prevent the creation of such a foundation.

In short, we do not believe that thero aro any legal impediments to the creation of such an organization. Although Article 7, Section 14 of the Louisiana Constitution prohibits the state or any of its political subdivisions from donating public funds, it does not in any way prohibit the state or a political subdivision from receiving donated funds.

We are not in a position to address any ethical impediments or considerations and thus recommend that you obtain an opinion from the Louisiana Board of Ethics on those issues.

If you have any further questions or comments, please do not hesitate to contact our office. With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General

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