Could a Louisiana city use volunteer prisoner labor at schools and let churches use city facilities free?

Plain-English summary

Rayne's mayor asked whether the city could arrange prisoner labor on public and parochial school property and whether churches and other nonprofits could use city facilities without paying. In this November 2013 opinion, the AG answered yes to labor on qualifying property under La. R.S. 15:708 and no to free facility use.

The labor statute required prisoners' willing participation. School board property qualified as public property; parochial school property might qualify if owned by a tax-exempt organization within the statute. For free use of city facilities, the AG presumed the city would receive nothing in return and found the transfer appeared gratuitous under the constitutional test it applied. It recommended a uniform rental fee schedule and first-come, first-served access that treated religious and secular groups alike.

Currency note

This opinion was issued in 2013. 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.

Historical summary

City and corrections officials

The AG treated volunteer manual labor on school board property as permissible under the cited prisoner-labor statute. For a parochial school, it made the answer depend on qualifying ownership and compliance with the statute's other provisions. The opinion gave the sheriff the statutory role of setting willing prisoners to work.

Churches and other nonprofits

The opinion rejected free use of city facilities for these organizations after presuming the city would receive nothing in return. On that premise, the use appeared gratuitous under the constitutional test. Its suggested rental policy used a uniform fee schedule and equal treatment for religious and secular organizations.

Common questions

Could prisoners work on public school property?

The AG said school board property was public property that qualified under La. R.S. 15:708, subject to the statute's conditions, including the prisoners' willingness.

Could prisoners work on parochial school property?

Possibly. The AG said property owned by a qualifying tax-exempt organization could fit the statute; the city's use of prisoner labor still had to meet all its conditions.

Could Rayne waive its facility fee for churches?

The AG said no. Free facility use would be a gratuitous transfer of something of value under the constitutional test it applied. The same answer covered other nonprofits in the request.

What rental approach did the opinion recommend?

It recommended a uniform fee schedule for organizations seeking city facilities and a first-come, first-served policy without different treatment for religious groups.

Background and statutory framework

La. R.S. 15:708 allowed willing parish prisoners to perform manual labor on specified public property and property of organizations with listed federal tax exemptions. La. Const. art. VII, §14(A) barred gratuitous transfers of public property. The AG applied those provisions to the mayor's two questions.

Citations

• La. R.S. 15:708: permitted categories and voluntary condition for prisoner labor.
• La. Const. art. VII, §14(A): public-property restriction applied to free city-facility use.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0133

Original opinion text

~ta:t~ of 1fiouisia:ua:
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWEll
ATIORNEY GENERAL

NOV 2 0 2013
OPINION 13-0133
90-A-1 PUBLIC FUNDS & CONTRACTS
La. R.S. 15:708; La. Const. art. VII, §14

The City of Rayne may use prisoners to perform manual labor on
The Honorable Roland J. Boudreaux
property owned by the parish school board or parochial schools,
provided that the property qualifies under the provisions of La. R.S.
Mayor, City of Rayne
15:708, and the prisoners work on a voluntary basis. However, the
P.O. Box 69
City may not allow churches and other non-profit organizations to
use City facilities free of charge.
Rayne, Louisiana 70578

Dear Mayor Boudreaux:

You have requested an opinion of this office on two matters. First, you ask whether the City of Rayne (the "City") may use prisoners to perform manual labor on property owned by the parish school board or parochial schools. Second, you ask whether churches and other non-profit organizations may use City facilities free of charge.

As to you first question, La. R.S. 15:708(A)(1) provides as follows:

Whenever a prisoner sentenced to a parish prison of any parish of the state, by any court of competent jurisdiction, or a prisoner in a parish prison awaiting transfer to a state correctional facility shall be willing of his own free will to perform manual labor upon any of the public roads, levees, streets, or pUblic buildings, works, or improvements inside or outside of the prison, or in or upon the buildings, other improvements, or property of any organization which has qualified for tax-exempt status under 26 USC 501 (c)(3), 501 (c)(19), or 501 (c)(23), the sheriff may set the prisoner to work. Work authorized pursuant to. this Paragraph also specifically includes participation in litter abatement or collection programs to police and remove litter on public grounds, rights-of-way, lakes, streams, the shores of lakes and streams, public roads, levees, or streets.

Property owned by the school board is a public building, work, or improvement. Property owned by a parochial school might also qualify under La. R.S. 15:708(A)(1), since it could be owned by organization which has qualified for tax-exempt status under 26
USC 501 (c)(3).
.

Page 2

The Honorable Roland J. Boudreaux
Opinion 13-0133
Page -2­

Thus, it is the opinion of this office that the City may use prisoners to perform manual labor on property owned by the parish school board or parochial schools, provided that the City meets all of the provisions of La. R.S. 15:708.

Next, you ask whether churches and other non-profit organizations may use City facilities free of charge. Significantly, La. Const. art. VII, §14(A) provides that "[e]xcept as otherwise provided by this constitution, the funds, credit, property, or things of value of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private..."
.

The Louisiana Supreme Court has determined that this constitutional provision "is violated when public funds or property are gratuitously alienated." Board of Directors of the Industrial Development Board of the City of Gonzales, Louisiana, Inc. v.. All Taxpayers, Property Owners, Citizens of the City of Gonzales, et al., 2005~2298 (La. 9/6/06), 938 So. 2d 11, 20 (the "Cabela's" case). Our office has interpreted the Cabela's case to say that in order for an expenditure or transfer of public funds to be permissible' under La. Const. art. VII, §14(A), the public entity must have the legal authority to make the expenditure and must show: (i) a public purpose for the expenditure or transfer that comports with the governmental purpose for which the public entity has legal authority to pursue; (ii) that the expenditure or transfer, taken as a whole, does not appear to be gratuitous; and (iii) that the public entity has a demonstrable, objective, and reasonable expectation of receiving at least equivalent value in exchange for the expenditure or transfer of public funds. 1

Use of city facilities constitutes something of value, and your request asks whether the City may permit facility use by churches and other non-profit organizations without charge. Presumably, the City would receive nothing in return. Thus, the City fails the second prong of the Cabela's test, because the expenditures or transfers, taken as a whole, appear to be gratuitous. As SUCh, the expenditure or transfer would violate La. Const. art. VII, §14(A).

As an alternative, we recommend that the City adopt a policy that sets forth a uniform fee schedule for any organization wishing to rent the facilities and expresses a commitment not to treat religious organizations any differently than any secular organization. 2 Further, we recommend that the policy allow use of the facilities on a first come, first serve basis so as not to be biased. 3

Considering the forgoing, it is the opinion of this office that the City may use prisoners to perform manual labor on property owned by the parish school board or parochial schools, provided that the City meets all of the provisions of La. R.S. 15:708. However,

1
See La. Atty. Gen. Op. No. 08-0071.
2
See La. Atty. Gen. Op. No. 02-0363.
3
See La. Atty. Gen. Op. No. 03-0218.

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The Honorable Roland J. Boudreaux
Opinion 13-0133
Page -3­

the City may not allow churches and other non-profit organizations to use City facilities free of charge.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

BY:"]; a .
JAMES D. "BUDDY" CALDWELL
Attorney General

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Benjamin. Huxen II
Assistant Attorney General