Could Nicholls State University pay for retiree breakfasts, faculty-spouse events, or an employee holiday meal?

Plain-English summary

Nicholls State University asked whether public money could pay for three proposed events: twice-yearly breakfasts for retirees, an event for faculty spouses, and a Christmas gumbo for employees and retirees. The university expected better communication and useful advice from attendees. In Opinion 03-0387, Attorney General Richard Ieyoub concluded that the university could not pay for any of the three from public funds.

The opinion applied La. Const. Art. VII, Sec. 14. It described a legal obligation to spend public funds as a threshold requirement and also said an expenditure must serve a public purpose with a benefit proportionate to its cost. Although the university described benefits, the AG said it identified no legal obligation or authority requiring these meals and events. He also cited earlier AG opinions rejecting public payment for employee Christmas parties, retiree banquets, and spouses' expenses.

The conclusion was specific to the proposed university functions. The opinion did not purport to decide every form of employee or retiree event; it said Nicholls State could not use public funds for "a twice yearly breakfast for retirees," "a function or event for faculty spouses," or "a Christmas gumbo for employees and retirees."

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

University administrators and budget officers

The AG rejected public funding for all three requested functions despite the university's belief that the events would promote discussion with its president and employees. The opinion treated the absence of a legal obligation or authority as decisive and cited the constitutional prohibition on donating public resources.

Employees, retirees, and faculty spouses

The opinion addressed whether the university could pay with public funds, not whether people could attend an event or pay for it from a different source. Its no-public-funds conclusion covered the retiree breakfasts, the faculty-spouse function, and the combined employee-and-retiree meal described in the request.

Common questions

Q: Did the expected exchange of ideas make the retiree breakfasts a permissible public expense? A: No. The university proposed that benefit, but the AG said he knew of no legal obligation or authority requiring public money to be used for these functions and rejected the proposed spending.

Q: Did the opinion allow a public university to pay for a meal for all current employees? A: It rejected the particular Christmas gumbo proposed for employees and retirees. The AG relied on the same constitutional analysis and on earlier opinions about public payment for employee Christmas parties.

Q: What was the constitutional problem the AG identified? A: The opinion cited La. Const. Art. VII, Sec. 14's general bar on loaning, pledging, or donating public funds and the Louisiana Supreme Court rule against giving up something of value with no legal obligation to do so. The AG said a public purpose and proportionate public benefit were also required.

Q: Did the opinion decide whether the events could be paid for privately? A: No. The request and answer concerned the use of public funds; the opinion did not analyze private payment.

Background and statutory framework

The university's assistant vice president for business affairs described the three events and the university's hoped-for informational benefits. The AG responded under La. Const. Art. VII, Sec. 14(A), quoting the Louisiana Supreme Court's rule in City of Port Allen v. Louisiana Mun. Risk, 439 So.2d 399 (La. 1983), that public bodies could not give up value without a legal obligation. The opinion then compared the request with prior AG opinions about meals, parties, and spouses' expenses. Its first-page date stamp is damaged in the available transcription (NOV 1 :} 2003), so this record does not assert the exact issue day.

Citations and references

Constitution: La. Const. Art. VII, Sec. 14(A), the public-funds provision discussed in the opinion.

Case: City of Port Allen v. Louisiana Mun. Risk, 439 So.2d 399 (La. 1983), cited for the legal-obligation rule. The case citation was checked against CourtListener because the PDF extraction garbled the word "Allen."

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0387

Original opinion text

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

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
c v.. D WS ON
TEL.: (22S) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

NOV 1 :} 2003
Opinion Number 03-0387

90-A-2 PUBLIC FUNDS - Loan Pledge or
Grants
Mr. Michael G. Davis
22-B EDUCATION - Colleges & Other
Assistant Vice President for Business Affairs Institutions of Higher Learning
for Procurement and Physical Plant Operations Nicholls State University cannot use public
Nicholls State University
funds for a twice yearly breakfast for retirees of
P.O. Box 2012
the University, a function or event for faculty
spouses, or a Christmas gumbo for all
Thibodaux, Louisiana 70130
University employees and retirees.

Dear Mr. Davis:

Reference is made to your recent request, on behalf of Nicholls State University, for an opinion of this office regarding the legality of the use of public funds to pay for three proposed University functions: (1) a twice yearly breakfast for retirees of the University, (2) a function or event for faculty spouses, and (3) a Christmas gumbo for all University employees and retirees. You advise that the University believes these functions could be of benefit to the University, by fostering the flow of useful information between the University, its President and event attendees; allowing attendees’ interaction with the University President and the opportunity for the President and the University to seek advice and input from retirees and spouses; and affording complete interaction of the University’s entire workforce and former employees.

The issues presented by your request must be addressed in light of the provisions of La. Const. (1974) Art. VII, Sec. 14, which contains the constitutional standard for the lawful use of public funds and property. La. Const. Art. VII, Sec. 14(A) generally prohibits the state and its political subdivisions from loaning, pledging or donating public funds, assets or property to persons, associations or corporations, public or private.

This office has long recognized the caution which must be exercised in the expenditure of public funds. Historically, the Attorney General has followed the Louisiana Supreme Court’s interpretation of La. Const. Art. VII, Sec. 14, as set forth in City of Port Allen v. Louisiana Mun. Risk, 439 So.2d 399 (La. 1983), wherein the Court states: "...this Section is violated whenever the state or a political subdivision seeks to give up something of value when it is under no legal obligation to do so." The previous opinions of this office recognize that the requirement of a legal obligation to expend public funds or use public property is the threshold predicate for the constitutionality of an expenditure or use; it is not, however, the only predicate. The expenditure must also be for a public purpose and create a public benefit proportionate to its cost. Attorney General’s Opinion No. 90-63. See also: Attorney General’s Opinions Nos.02-0125;
01-0389.

Opinion Number 03-0387
Mr. Michael G. Davis
Assistant Vice President for Business Affairs
for Procurement and Physical Plant Operations
Nicholls State University
Page -2-

Although your correspondence sets forth a number of benefits which the University believes will be derived from the proposed functions, you did not note, nor is this office is aware of, any legal obligation or authority that has been placed upon the University which would require the University to utilize public funds for events and functions such as you have described.

The Office of the Attorney General has historically opined that in general, the payment or reimbursement for food, drink, or the expenses associated with luncheons, banquets, parties or similar functions, from public funds, is improper under La. Const. Art. VII, Sec. 14. Pertinently, Attorney General’s Opinion No. 94-115 determined that the Parish of St. Charles could not fund a Civil Service Awards luncheon. Also pertinent are Attorney General’s Opinion Nos. 91-589-A and 76-1680, both of which determined that public funds can not be utilized to defray the cost of Christmas parties for public employees. We also direct your attention to Attorney General’s Opinion Nos. 96-159. That opinion, as well as No. 76-1680, previously cited herein, provides that public funds cannot be utilized for payment of expenses associated with banquets for public retirees. Similarly, Attorney General’s Opinions Nos. 93-359 and 83-329 determined that that the expenditure of public funds for meals, lodging or expenses of spouses of University officials and employees is prohibited by La. Const. Art. VII, Sec. 14. See also: Attorney General’s Opinions No. 90-519 and 80-154.

Based upon the foregoing and in accordance with the legal authorities and opinions cited herein, we are constrained to advise that Nicholls State University cannot use public funds for the events and functions which are the subject of your request, i.e., a twice yearly breakfast for retirees of the University, a function or event for faculty spouses, and a Christmas gumbo for employees and retirees.

We trust the foregoing to be helpful. Please do not hesitate to contact this office if we can be of assistance in other areas of the law.

Yours very truly,

RICHARD P. IEYOUB
Attorney General

-MARIE Z~I~NGUE BARHAM
"A-s’sista nt Att0mey/General

RPI/JMZB/dam