Could Louisiana's social services department distribute private Katrina relief donations to its employees?

Plain-English summary

Employees of Oklahoma's Department of Human Services collected private funds to help Louisiana Department of Social Services employees affected by Hurricane Katrina. Louisiana's department asked whether it could accept and distribute the funds to selected employees. The Attorney General found no general legal prohibition on accepting the donation, but made awards to employees subject to approval from the State Civil Service Commission and State Board of Ethics.

The AG cited the social services secretary's authority to accept and use gifts consistent with the department's functions. Because Oklahoma employees donated in their private capacity, the AG said an analysis under the Louisiana Constitution's public-donation provision was unnecessary. The opinion treated employee compensation and ethics as separate questions for the two state bodies.

Currency note

This opinion was issued in 2006 in the aftermath of Hurricane Katrina. Later agency changes, civil-service rules, ethics rulings, statutes, or court decisions may have changed the process. Verify current requirements before distributing employee relief funds.

What this means for you

State agency managers handling a private relief gift

Identify the gift's conditions and intended recipients, then obtain the civil-service and ethics approvals the AG recommended before making awards to employees. The department's general authority to accept gifts did not by itself answer whether individual employees could receive payments.

Public employees receiving relief funds

An agency's acceptance of a private donation does not automatically clear an employee award. The opinion made the distribution subject to review by the State Civil Service Commission and State Board of Ethics.

Common questions

Could the department accept money donated by Oklahoma employees?

Yes, subject to the approvals described for awards to employees. The AG found no legal prohibition on accepting the privately donated funds and cited the department secretary's gift-acceptance authority.

Why did the AG send employee awards for approval?

The State Civil Service Commission regulates compensation and disbursements to civil-service employees. The State Board of Ethics advises on possible government-ethics violations. The AG expressly conditioned its conclusion on their approval.

Did the Louisiana Constitution's public-donation restriction decide this request?

No. The AG said that analysis was unnecessary because the donors acted in their private capacity, rather than donating public funds.

Background and statutory framework

Louisiana Revised Statute 46:474(B)(3) authorized the department secretary to accept and use gifts for purposes consistent with the agency's work and any gift conditions. The AG then identified the civil-service commission's personnel authority and the ethics board's advisory role under Louisiana Revised Statute 42:1134. The opinion allowed the proposed private gift subject to their approval of awards to employees.

Citations

• Louisiana Revised Statute 46:474(B)(3) (agency gift authority).
• Louisiana Revised Statute 42:1134 (ethics board advisory role).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0206

Original opinion text

December 18, 2006
Opinion Number 06-0206
90-A-1 PUBLIC FUNDS & CONTRACTS

Mr. Steven L. Mayer
La. R.S. 46:474(B) (3), La. Const. Art. VII, Sec. 14, La.
Const. Art. X, Sec. 10
General Counsel, Dept. of Social Services
P.O. Box 1887
There is no legal prohibition on the state and its departments
Baton Rouge, Louisiana 70821
accepting donated property, funds, or services. However, a
donation or award of private monies to employees of the Department of Social Services requires approval from the State
Dear Mr. Mayer: Civil Service Commission and State Board of Ethics.

On behalf of the Department of Social Services, you have requested an Attorney General’s opinion regarding whether there are any legal, ethical, or civil service/payroll problems or prohibitions with the Department of Social Services accepting and spending certain donated funds on a select group of Department of Social Service employees, and whether there are any legal, ethical, or civil service/payroll problems or prohibitions with the Department of Social Service employees accepting those funds. The funds in question were collected and donated by employees of the Oklahoma Department of Human Services with instructions that the funds were to assist Department of Social Services employees affected by Hurricane Katrina and to be distributed as the Department of Social Services sees fit.

As previously stated by this office, there is no legal prohibition on the state and its departments accepting donated property, funds, or services. See Attorney General Opinion 00-33. Further, pursuant to Louisiana Revised Statute 46:474(B)(3), the Secretary of the Department of Social Services shall have the authority to accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

Since the funds in question were donated by the employees of Oklahoma Department of Human Services, in their private capacity, an analysis under Article VII, Section 14(A) of the Louisiana Constitution is not necessary. However, with respect to any donation or award of monies to employees of the Department of Social Services, this office recommends that you obtain approval of any award or donation from the State Civil Service Commission and the State Board of Ethics. Civil Service employees are regulated by the State Civil Service Commission. Louisiana Constitution Article X, Section 10 (A), vests the State Civil Service Commission with “…the power to adopt rules for regulating employment, promotion, demotion, suspension, reduction in pay, removal, certification, qualifications, political activities, employment conditions, compensation and disbursements to employees, and other personnel matters and

Page 2

Opinion Number 06-0206
Department of Social Services
Steven L. Mayer, General Counsel
Page -2-

transactions…”. The Louisiana Code of Governmental Ethics also applies to Civil Service employees. Louisiana Revised Statute 42:1134 gives the State Board of Ethics the power to render advisory opinions with respect to possible ethics violations.

Subject to approval from the State Civil Service Commission and the State Board of Ethics, this office is of the opinion that there are no legal prohibitions to accepting the funds donated by the employees of the Oklahoma Department of Human Services.

We trust this adequately responds to your request.

Yours very truly,

CHARLES C. FOTI, JR.
Attorney General

BY: ________
MICHAEL J. VALLAN
Assistant Attorney General

CCF, JR/MJV/crt

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Opinion Number 06-0206
Syllabus

90-A-1 PUBLIC FUNDS & CONTRACTS

La. R.S. 46:474(B) (3), La. Const. Art. VII, Sec. 14, La. Const. Art. X, Sec. 10

There is no legal prohibition on the state and its departments accepting donated property, funds, or services. However, a donation or award of private monies to employees of the Department of Social Services requires approval from the State Civil Service Commission and State Board of Ethics. Mr. Steven L. Mayer General Counsel, Dept. of Social Services P.O. Box 1887 Baton Rouge, Louisiana 70821

Date Received:

Date Released: December 18, 2006

Michael J. Vallan
Assistant Attorney General