Could a Louisiana town match donations for one park without giving the same amount to another?

Plain-English summary

Amite's council agreed to match a nonprofit group's $25,000 contribution for playground equipment at one park. The mayor asked whether the town had to provide the same amount to a second park. The first was in a predominantly white area and the second in a predominantly minority area. In 2005, the Attorney General concluded that equal dollar allocations were not automatically required, but the town's budget decision had to lack discriminatory motive and comply with Louisiana's constitutional protections.

The AG said the mayor and council controlled budget adoption and amendments, and the council could allocate available funds at its discretion when exercising its legal authority. It did not find as a fact whether this particular allocation had a discriminatory motive. It identified constitutional protections against racial discrimination and discrimination in access to public facilities as limits on the council's discretion.

Currency note

This opinion was issued in 2005. 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.

Common questions

Did Amite have to match the same $25,000 at both parks?

The AG said no automatic dollar-for-dollar requirement applied. It allowed the matching appropriation at one park if the choice was not motivated by discrimination and complied with the state constitution.

Did the location of the parks make race irrelevant?

No. The opinion specifically mentioned that one park was in a predominantly white area and the other in a predominantly minority area, then cited equal protection and public-facility access protections as limits on the council's allocation power.

Did the AG decide whether the council acted with discriminatory motive?

No. Its conclusion was conditional: the allocation was permissible as long as there was no discriminatory motive and it complied with the constitution.

Background and statutory framework

Both parks were used for recreation, and the town normally spent roughly equal amounts on them for maintenance. A nonprofit offered the donation only for the first park; no comparable fundraiser had been offered for the second. The AG cited La. Const. Art. I, Sec. 1, La. Const. Art. I, Sec. 3, and La. Const. Art. I, Sec. 12, which addressed government purposes, equal protection, and access to public areas and facilities. Those provisions framed the discretionary budget decision.

Citations

• La. Const. Art. I, Sec. 1 (government purpose).
• La. Const. Art. I, Sec. 3 (equal protection).
• La. Const. Art. I, Sec. 12 (public-facility access).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0133

Original opinion text

August 15, 2005
OPINION NUMBER 05-0133

77 – OFFICERS – Local & Municipal
71 – MUNICIPALITIES
La. Const. Art. I, Sec. 1
Hon. R. E. Goldsby, M.D.
La. Const. Art. I, Sec. 3
Mayor, Town of Amite
La. Const. Art. I, Sec. 12
The town council has discretion in the budgeting and allocation of
212 E. Oak Street
town funds. As long as there was no discriminatory motive, and
Amite, Louisiana 70422
the allocation was made in accordance with the Louisiana
Constitution of 1974, a town council can, in accordance with the proper exercise of its legal authority, allocate funds at its
Dear Mayor Goldsby: discretion.

You requested an Attorney General’s opinion regarding the expenditure of town funds at town parks. You indicated that there are two parks in the town that are used for organized sports, picnics, and general recreation. Both parks were built using a combination of federal, state and local funds. As a general rule, the town spends about the same amount of money each year at the two parks, mainly for repairs and maintenance of equipment and grounds. You advised that several years ago, a local non-profit organization approached the Town Council and offered to conduct fundraisers to provide $25,000.00 for playground equipment for one park, with the town providing a
$25,000.00 match. The Town Council voted to amend the budget to provide the
$25,000.00 in matching funds. The park is free and open to all citizens, and is located in a predominately white area of town. No group or organization has offered to conduct fundraisers at the other park, located in a predominately minority area of town. A council member is questioning whether the town can legally provide $25,000.00 for equipment at one park without providing the same amount at the other park. You question whether it is legal to spend town funds on equipment at one park without providing the same funding at another park.

Our office has observed that the authority to adopt and amend the budget is vested exclusively with the Mayor and Board of Aldermen (i.e. Council). Attorney General Opinion Nos. 93-666, 97-430, 98-245 and 02-450. Additionally, in Attorney General Opinion No. 01-87, which involved a question regarding a Councilman’s request that the Town of Amite match his donated salary funds and put those matching funds toward the purchase of property for a park, we stated “it is our opinion that the Council, in its discretion and in accordance with the proper exercise of its legal authority, can elect to appropriate, if it so desires, any available funds for the purchase of property for the park.” The budgeting and allocation of funds is solely within the discretion of the Council. However, the Council’s discretion is limited by, and all allocations must be made in accordance with, the Louisiana Constitution of 1974. Specifically, in this instance, Article I, Sections 1, 3 and 12, which provide as follows:

Page 2

Hon. R. E. Goldsby, M.D.
OPINION NUMBER 05-0133
-2-

Section 1. All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state.

Section 3. No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime.

Section 12. In access to public areas, accommodations, and facilities, every person shall be free from discrimination based on race, religion, or national ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, sex, or physical condition.

Therefore, it is the opinion of this office that the Council had the authority to amend the budget. As long as there was no discriminatory motive, and the allocation was made in accordance with the Louisiana Constitution of 1974, the Council can, in accordance with the proper exercise of its legal authority, allocate $25,000.00 in matching funds for the park without providing the same funding to all parks.

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _________
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/mjb

Page 3

OPINION NUMBER 05-0133

77 – OFFICERS – Local & Municipal
71 – MUNICIPALITIES
La. Const. Art. I, Sec. 1
La. Const. Art. I, Sec. 3
La. Const. Art. I, Sec. 12

The town council has discretion in the budgeting and allocation of town funds. As long as there was no discriminatory motive, and the allocation was made in accordance with the Louisiana Constitution of 1974, a town council can, in accordance with the proper exercise of its legal authority, allocate funds at its discretion.

Hon. R. E. Goldsby, M.D.
Mayor, Town of Amite
212 E. Oak Street
Amite, Louisiana 70422

Date Received:

Date Released: August 15, 2005

KENNETH L. ROCHE, III
ASSISTANT ATTORNEY GENERAL