Could a Louisiana parish contribute public funds to a Medal of Honor memorial outside the parish?

Plain-English summary

The St. Helena Parish Police Jury asked in 2005 whether it could help fund a proposed Louisiana Medal of Honor Park and Museum in Chalmette. It expected no economic benefit to the parish and saw no direct authorization in R.S. 33:1236. The Attorney General nevertheless concluded that the parish could contribute to the memorial honoring Louisiana military members who received the Congressional Medal of Honor.

The opinion acknowledged La. Const. Art. VII, Sec. 14's restriction on donating public funds. It drew on an earlier Attorney General opinion treating public memorials for war veterans as a public purpose and discussed the constitutional allowance for cooperative endeavors serving a public purpose.

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.

Common questions

Did the memorial need to be in St. Helena Parish?

The AG approved the proposed contribution to a park and museum in Chalmette. The request expressly said the parish expected no local economic benefit.

How did the AG address the constitutional ban on donations?

It cited the allowance in Art. VII, Section 14 for cooperative endeavors for a public purpose and relied on earlier opinions treating war-veteran memorials as public tributes.

Was the answer a general approval of any public memorial spending?

The opinion addressed this proposed contribution to a memorial honoring Louisiana military Medal of Honor recipients. It did not analyze other memorial projects or funding arrangements.

Background and statutory framework

The request identified R.S. 33:1236 and La. Const. Art. VII, Sec. 14. The AG relied on two earlier opinions about war-veteran memorials and concluded that the proposed Louisiana Medal of Honor tribute served the public purpose needed for the contribution discussed.

Citations

• R.S. 33:1236 (parish authority raised in the request).
• La. Const. Art. VII, Sec. 14 (public-funds restriction and cooperative endeavors).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0212

Original opinion text

July 26, 2005
OPINION 05-0212

90-A-2 – Public Funds
Mr. Clifton T. Speed
R.S. 33:1236; La. Const. Art. VII, Sec. 14
Asst. District Attorney
The St. Helena Parish Police Jury is permitted
21st Judicial District
to contribute funds to a memorial to honor our
P.O. Box 728
Louisiana military who received the United
Greensburg, LA. 70441
States Congressional Medal of Honor.

Dear Mr. Speed:

This office is in receipt of your request for an opinion of the Attorney General in regard to the St. Helena Parish Police Jury making a contribution to the Louisiana Medal of Honor Park and Museum proposed to be constructed in Chalmette, Louisiana.

You point out that the Parish Police Jury has the highest regard for those persons serving in the military and recognizes the extreme sacrifice made by those persons who have served in our armed forces so as to receive the United States Congressional Medal of Honor. However, you note the Parish Police Jury does not expect that any grant of funds by it to the park and museum construction will have any economic benefit to St. Helena Parish, nor does it see any provision of R.S. 33:1236 that would directly authorize the expenditure of funds by it for this otherwise worthwhile project.

Accordingly, you ask whether the Parish Police Jury can contribute to the Louisiana Medal of Honor Park and Museum.

We note in Atty. Gen. Op. 91-230, this office was presented with a request in regard to the legality of the Board of Commissioners of the West St. Mary Parish Port, Harbor and Terminal District making a $3,000 donation to the St. Mary Peace Memorial Commission that would be to honor the citizens of St. Mary Parish who have honored their community and country through military service.

This office recognized the prohibition of Art. VII, Section 14 of the Louisiana Constitution against donating funds of the state or any political subdivision, but found that Section C allows for the state and its political subdivisions to engage in cooperative endeavors with each other, the United States or any public or private association, corporation or individual for a public purpose.

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Mr. Clifton T. Speed
OPINION 05-0212
Page 2

It then concluded:

Public tributes to war veterans in the erection of memorials have been an accepted public purpose throughout the history of our country. For public bodies to neglect to express public gratitude would be to neglect public duty.

From the information supplied, it is obvious that this memorial serves a public purpose and is in the interest of the public bodies involved in this tribute. The larger American community of cities, states and their people clearly have an interest in honoring those who have been willing to risk their lives by serving in the defense of our country.

This memorial accomplishes the public purpose of providing for the common defense and promoting the general welfare; the veterans of St.
Mary Parish receive an expression of official gratitude and the general public has the opportunity and satisfaction of being able to express that gratitude.

We find support for this conclusion in Atty. Gen. Op. 98-398, which referred to Atty. Gen. Op. 91-230 as sanctioning the use of public funds for the erection of memorials as public tributes to war veterans, and that for public bodies to neglect to express public gratitude would be to neglect public duty.

Following this reasoning, we conclude the St. Helena Parish Police Jury is permitted to contribute funds to a memorial that will honor all military of Louisiana who have served in our armed forces and received the United States Congressional Medal of Honor.

We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:________
Barbara B. Rutledge
Assistant Attorney General
CCF,JR/bbr

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Mr. Clifton T. Speed
OPINION 05-0212
Page 3
OPINION 05-0212

90-A-2 - Public Funds
R.S. 33:1236
La. Const. Art. VII, Sec. 14

The St. Helena Parish Police Jury is permitted to contribute funds to a memorial to honor our Louisiana military who received the United States
Congressional Medal of Honor.

Mr. Clifton T. Speed
Asst. District Attorney
21st Judicial District
P.O. Box 728
Greensburg, LA. 70441

Date Received:
Date Released: July 26, 2005

BARBARA B. RUTLEDGE
ASSISTANT ATTORNEY GENERAL