Could a Louisiana law-enforcement planning district buy a surplus police vehicle without a public auction?

Plain-English summary

The Capital District Law Enforcement Planning District Agency asked whether it could buy a surplus vehicle from the Baton Rouge Police Department. In 2005, the Attorney General concluded that it could use an intergovernmental agreement and did not need a public auction or bid for that intergovernmental transfer. The AG treated the Capital District as a political subdivision and applied Louisiana's Local Services Law, which permitted transfers of surplus materials and supplies between public entities.

The opinion also cited a public-procurement provision allowing one public unit to sell or acquire equipment from another without the usual bidding and advertisement, and a provision on donation or exchange of movable surplus property among public-safety subdivisions. Those were supporting routes for the proposed vehicle purchase; the opinion did not discuss a sale to a private buyer.

The second page's running header says “OPINION NUMBER 05-0153,” while the opening and final syllabus identify this document as 05-0143. This record uses the opening and syllabus number and preserves the mismatched page header below.

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 the Capital District have to bid for Baton Rouge's surplus vehicle?

The AG said no for the proposed purchase between public entities. It identified the Local Services Law and a public-procurement provision allowing this intergovernmental transaction without the usual auction or bid process.

Why could the planning district make the agreement?

The AG said the Capital District was a political subdivision within the state law-enforcement planning structure. That status let it use the statutory powers granted to political subdivisions.

Did the opinion authorize an unbid private sale of police vehicles?

No. It analyzed a transfer from the Baton Rouge Police Department to another public entity. Its cited exceptions were tied to transactions among public units or public-safety subdivisions.

Background and statutory framework

The Capital District was part of the state law-enforcement planning system under the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice. The AG relied on La. R.S. 33:1321 et seq. for local services, La. R. S. 39:1703 for public-unit equipment transfers, and La. R.S. 38:2319.21 for public-safety surplus property. The proposal was a purchase of one surplus police vehicle.

Citations

• La. R.S. 33:1321 et seq. (Local Services Law).
• La. R. S. 39:1703 (public-unit transfers).
• La. R.S. 38:2319.21 (surplus public-safety property).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0143

Original opinion text

August 8, 2005
OPINION NUMBER 05-0143

90-A POLITICAL
90-A-1 PUBLIC FUNDS & CONTRACTS
110- STATE – Surplus Property
La. Const. Art. VI, Sec. 44(2)
Roddy Devall, President
La. R.S. 15:1201 et seq.; La. R.S. 33:1321 et seq.
Capital District Law Enforcement
La. R.S. 38:2319.21; La. R. S. 39:1703
Planning Council, Inc.
Pursuant to our Local Services Law, the Capital District Law
15254 Old Hammond Hwy, Suite A-3
Enforcement Planning District Agency may enter into an
Baton Rouge, Louisiana 70815
intergovernmental agreement with the Baton Rouge Police
Department for the purchase of a surplus vehicle.
Dear Mr. Devall:

You have requested an opinion from this office as to whether the Capital District Law Enforcement Planning District Agency (“Capital District”) can legally enter into an intergovernmental agreement with the Baton Rouge Police Department to purchase a surplus vehicle. We believe it can.

The Capital District Law Enforcement Planning District Agency (“Capital District”) is a planning district of the State Law Enforcement Planning Agency (SLEPA). Both are within the purview of the statutorily created Louisiana Commission on Law Enforcement and the Administration of Criminal Justice (LCLE).1 The planning district agencies have “all of the functions of the state planning agency that are applicable within their respective districts.”2 The Capital District is a political subdivision as that term is defined in Article VI, Section 44(2) of the Louisiana Constitution.3 As such, it possesses those powers conferred upon political subdivisions by our state constitution and laws.

The “Local Services Law” is found in La. R.S. 33:1321 et seq. These statutes authorize political subdivisions to make agreements between or among themselves and allow the purchase of surplus materials and supplies by one public entity from another public entity without going through the public auction or public bid process.4 Pursuant to these statutes the Capital District can enter into an intergovernmental agreement with the Baton Rouge Police Department for the purchase of a surplus vehicle.

1
La. R.S. 15:1201
2
La. R.S. 15:1209(C)
3
La. Const. Art. VI, Section 44(2) “Political subdivision” means a parish , municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. 4 See Attorney General Opinion No. 03-403, 95-325

Page 2

OPINION NUMBER 05-0153
Roddy Devall, President
Page - 2 -

Additionally, we note that La. R. S. 39:17035 allows any public procurement unit to sell or acquire from any other public procurement unit, materials, supplies and equipment without the necessity of public bid and advertisement,6 and La. R.S. 38:2319.217 permits the donation or exchange of surplus movable property between or among political subdivisions whose functions include public safety. These statutes also allow the Capital District to purchase a surplus vehicle from the Baton Rouge Police Department without the necessity of a public auction or public bid process.

We trust this adequately answers your question. If you have any further questions, please contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

_____
DENISE B. FITZGERALD
Assistant Attorney General

CCF, JR.,/DBF; mjb

5
La. R. S. 39:1703. Sale, acquisition, or use of supplies by a public procurement unit. Any public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit or external procurement activity independent of the requirements of Part III of this Chapter or of Title 38. 6 See Atty. Gen. Op. Nos. 03-403, 00-55, 95-325 7 La. R.S. 38:2319.21. Surplus property; donation or exchange. Nothing contained in this Part or in any other provision of law shall prohibit the donation or exchange of movable surplus property between or among political subdivisions whose functions include public safety.

Page 3

Syllabus
#05-0143

90-A POLITICAL
90-A-1 PUBLIC FUNDS & CONTRACTS
110- STATE – Surplus Property
La. Const. Art. VI, Sec. 44(2)
La. R.S. 15:1201 et seq.; La. R.S. 33:1321 et seq.
La. R.S. 38:2319.21; La. R. S. 39:1703

Pursuant to our Local Services Law, the
Capital District Law Enforcement Planning
District Agency may enter into an
intergovernmental agreement with the Baton
Rouge Police Department for the purchase of a
surplus vehicle.

Roddy Devall, President
Capital District Law Enforcement
Planning Council, Inc.
15254 Old Hammond Hwy, Suite A-3
Baton Rouge, Louisiana 70815

DATE RECEIVED:
DATE RELEASED: August 8, 2005

DENISE B. FITZGERALD
Assistant Attorney General