What is the legal relationship between a Louisiana parish library board and the police jury that created it, and who controls the budget, property, and contracts?

Plain-English summary

The Sabine Parish Police Jury wrote to the AG with a string of questions about how it should handle a $3.5 million library construction project. The Library Board had received a donation of land, prepared an annual budget allocating funds for a new building, hired an architect, and advertised for construction. The Police Jury wanted to know who decides what.

The AG worked through seven questions. The common thread: a Louisiana parish library board is an agency of the parish governing authority, not an independent special district. That agency status drives every answer.

Q1: Does the Library Board prepare its own budget, and does the Police Jury approve it?
The Library Board prepares its proposed budget. The Police Jury must approve the budget under the Local Government Budget Act (La. R.S. 39:1305 and 39:1309). The Police Jury has general budgetary and fiscal control over its agencies, including the authority to approve, disapprove, or amend the library board's budget.

Q2: Can the Police Jury line-item-veto the proposed budget?
Yes, under La. R.S. 33:1415(B), which authorizes the parish governing authority to approve operating budgets with "the right to veto or reduce line-items." There is one carve-out: La. R.S. 33:1415(C) says where this section conflicts with La. R.S. 25:211 et seq. (the parish libraries chapter), the libraries chapter prevails. La. R.S. 25:215 reserves to the Library Board the authority to set salaries and compensation for library employees, so the Police Jury cannot change library-employee salary line items.

Q3: Are properties donated to the Library Board owned by the Police Jury? Is the parish the owner of a new library building built with Library Board funds?
Yes to both. The Library Board can receive donations only with the governing authority's approval (La. R.S. 25:221), and as an agency of the Police Jury, the Library Board cannot itself own property. The parish is the owner of donated property and of any building constructed with funds under the Library Board's control.

Q4: Can the Library Board sign contracts for architectural services and construction?
No. The Library Board is not a corporate body and has no independent power to contract. Its powers are limited to internal rules and personnel matters (under La. R.S. 25:215). The Police Jury is the correct contracting party for architectural and construction services.

Q5: Can funds from selling surplus library assets be used by the Police Jury for non-library purposes?
Yes, if the assets were not bought with dedicated tax funds, or if the dedicated tax has been satisfied. La. R.S. 33:4717 lets the parish revoke the dedication of immovable property no longer needed for public use, on a two-thirds vote, and sell it. The proceeds may be used for any lawful purpose. But, if the asset was bought with dedicated library-tax funds and there has been no voter rededication, La. Atty. Gen. Op. No. 08-0057 says the parish must either return the asset to library use or reallocate equivalent funds back to library purposes.

Q6: Must the Police Jury provide a parish library?
Not by default. La. R.S. 25:211 lets parishes create libraries; it only requires them to do so when 25% of the duly qualified property taxpayers petition for one. Absent such a petition, the Police Jury is not statutorily required to operate a library.

Q7: Can the Police Jury abolish the Library Board, end library operations, and sell all assets?
Yes. La. Const. art. VI, § 15 gives parishes the unrestricted power to abolish their agencies (Brasseaux v. Vermilion Parish Police Jury, 361 So.2d 35 (La.App. 1978), confirms "agency" includes boards and commissions). La. R.S. 33:1415(A) confirms the power to abolish, subject to providing for any outstanding indebtedness. Remaining property returns to the parish. The parish can then sell, lease, or exchange it under La. R.S. 33:4711 if no longer needed for public purposes.

Finally, the Library Board can also be funded from the Police Jury's general fund. La. R.S. 25:220 contemplates that library expenses are paid from funds budgeted from the general fund, or from special library taxes.

What this means for you

If you are a parish library board member. Your authority is real but bounded. You prepare a budget, set library employee compensation, adopt internal rules, choose books and programming. You do not own property, sign contracts, or independently control buildings. Major capital projects (a new building, a major renovation) must go through the parish. Build your relationship with the Police Jury accordingly: prepare clear budget justifications, communicate proactively about land donations and grant opportunities, and let the parish be the official contracting party for big work.

If you are on a police jury that oversees a library board. Recognize that you have substantial authority but you cannot unilaterally cut library employee salaries (La. R.S. 25:215 reserves that to the library board). You also cannot misuse dedicated library tax revenue. Beyond those guardrails, you can shape the budget, approve donations, sign construction contracts, and, if it ever becomes necessary, abolish the board entirely. Build a working relationship with the library board that recognizes the agency-principal structure.

If you are donating land or money to a Louisiana parish library. The parish, not the library board, is the legal recipient. Get the parish governing authority's approval, in addition to the library board's. The donation document should name the parish as the recipient, with a statement that the property is for library use. If you want to ensure perpetual library use, attach conditions (a reverter or use restriction) so that the parish cannot easily sell the asset for other purposes if the library ever shuts down.

If you are a citizen pushing for a parish library where there isn't one. Twenty-five percent of duly qualified property taxpayers can petition the parish to create one (La. R.S. 25:211). Below that threshold, the parish has discretion. The threshold is a high bar and a useful tool when grass-roots support is broad enough to meet it.

If you are a contractor bidding on parish library work. Verify that the contracting party named in the documents is the parish (the police jury or its successor governing authority), not the library board. A contract signed only by the library board is void under this opinion. Your invoices and pay applications should flow to the parish.

If you are a parish secretary-treasurer or comptroller. This opinion is a useful map of who-pays-whom and who-approves-what for library operations. Be especially careful about the line between dedicated tax proceeds (must be used for library purposes or returned via rededication) and general fund transfers (broader use, returnable if surplus). Document the source of each library-related expenditure for audit purposes.

Common questions

Q: What if the library board's budget includes positions the police jury wants to eliminate?
A: The police jury can veto or reduce most line items, but not the line items that set salaries or compensation for library employees (La. R.S. 25:215 reserves that authority to the library board). If the police jury wants to eliminate a position entirely, that may require negotiation with the library board or, if the police jury insists, an abolition action under La. R.S. 33:1415(A) and La. Const. art. VI, § 15.

Q: Can the library board sue or be sued in its own name?
A: The opinion says the library board is not a corporate body and does not have the powers usually associated with political subdivisions (sue and be sued, incur debt, issue bonds, contract, levy taxes, adopt ordinances). Lawsuits involving library functions are properly brought by or against the parish.

Q: What about a friend-of-the-library group or 501(c)(3) library foundation that owns assets separately?
A: Friend-of-the-library groups are private nonprofits, separate from the library board itself. They can own property and sign contracts in their own name. They are not bound by the same agency-of-the-parish structure. Donors who want a private vehicle for library support should give to a foundation, not directly to the library board.

Q: How does a parish formally "revoke" a road or property dedication?
A: La. R.S. 33:4717 requires a two-thirds vote of the members of the parish governing authority present. The vote should formally state that the immovable property is no longer needed for public use. Document the basis for the no-longer-needed finding.

Q: If the library is funded by a dedicated tax, can the parish ever shift those funds to other purposes?
A: Not without a voter-approved rededication. La. Atty. Gen. Op. No. 08-0057 is direct: absent voter approval to rededicate, dedicated library tax funds must stay with the library, or equivalent value must be returned to library purposes. The parish cannot unilaterally redirect dedicated tax proceeds.

Q: Does this opinion apply to other parish agencies like park commissions or recreation boards?
A: The agency-principal structure is similar. La. R.S. 33:1415 applies broadly to parish agencies, and the police jury's general budgetary control is general. The specific carve-outs (like La. R.S. 25:215 for library employee salaries) depend on the agency's enabling statute.

Background and statutory framework

Parish libraries chapter (La. R.S. 25:211 et seq.). This is the controlling statutory framework for parish public libraries. Key provisions:
- La. R.S. 25:211 grants the parish governing authority the power to create a library by ordinance. It must create one if 25% of qualified property taxpayers petition for it.
- La. R.S. 25:215(A) gives the Library Board authority to establish rules, elect a librarian, and employ assistants.
- La. R.S. 25:215(B)(5) transfers administrative and accounting functions for library funds from the police jury to the library board.
- La. R.S. 25:217 authorizes the police jury to budget funds for library purposes.
- La. R.S. 25:220 provides for library expenses to be paid from funds budgeted from the general fund or from special library taxes.
- La. R.S. 25:221 governs gifts and donations to the library, requiring governing authority approval.

Parish-agency budgetary control (La. R.S. 33:1415). General statute on parish governing authority's budgetary control over its agencies.
- (A) authorizes the parish to abolish a board, commission, agency, or district it created, provided indebtedness is addressed.
- (B) authorizes approval of operating budgets and line-item vetoes.
- (C) carves out La. R.S. 25:211 et seq. as controlling when there is a conflict.

Local Government Budget Act (La. R.S. 39:1305, 39:1309). Sets the procedural framework for local government budgets, including approval timelines and content requirements.

Property and dedication.
- La. R.S. 33:4711 authorizes parish sale, lease, or exchange of property no longer needed for public use.
- La. R.S. 33:4717 authorizes revocation of dedications of immovable property by a two-thirds vote.

Constitutional source of abolition power. La. Const. art. VI, § 15 grants parishes "without limitation, the power to abolish" their agencies. Brasseaux v. Vermilion Parish Police Jury, 361 So.2d 35 (La.App. 1978), confirms "agency" includes boards and commissions.

Sabine Parish factual context. Sabine Parish is in northwestern Louisiana. The Library Board received a land donation, allocated $3.5 million from its 2023 budget for a new building, retained an architect, and advertised for construction. The Police Jury's questions arose as it tried to clarify the parish's role in approving the proposed expenditure and signing the construction contracts.

Jeff Landry was the Attorney General of Louisiana when this opinion issued. The signing Assistant Attorney General's initials in the PDF do not clearly resolve.

Citations and references

Statutes and constitution:
- La. Const. art. VI, § 15 (parish power to abolish agencies)
- La. R.S. 25:211 (parish power to create library; 25% petition mandates creation)
- La. R.S. 25:215 (library board powers: rules, employment, compensation)
- La. R.S. 25:215(A) (library board authority over rules and employment)
- La. R.S. 25:215(B) (administration and accounting of library funds)
- La. R.S. 25:215(B)(5) (transfer of administration and accounting from police jury to library board)
- La. R.S. 25:217 (parish funding for libraries)
- La. R.S. 25:220 (library expenses paid from budgeted general fund or special library taxes)
- La. R.S. 25:221 (donations to library require governing authority approval)
- La. R.S. 33:1415 (parish budgetary control over agencies)
- La. R.S. 33:1415(A) (parish power to abolish board, commission, agency)
- La. R.S. 33:1415(B) (line-item veto authority)
- La. R.S. 33:1415(C) (La. R.S. 25:211 et seq. prevails on conflict)
- La. R.S. 33:4711 (parish sale, lease, or exchange of property no longer needed)
- La. R.S. 33:4717 (two-thirds vote to revoke property dedication)
- La. R.S. 39:1305 (Local Government Budget Act, proposed budget submission)
- La. R.S. 39:1309 (Local Government Budget Act, budget adoption)

Cases:
- Brasseaux v. Vermilion Parish Police Jury, 361 So.2d 35 (La.App. 1978) ("agency" includes boards and commissions)

Prior AG opinions referenced:
- La. Atty. Gen. Op. No. 13-0027 (purpose of La. R.S. 25:215(B) is to relieve police juries of routine library accounting)
- La. Atty. Gen. Op. No. 83-765 (related authority on library funds)
- La. Atty. Gen. Op. Nos. 16-0163, 06-0160, 00-80, 83-766 (police jury budgetary and fiscal control)
- La. Atty. Gen. Op. Nos. 04-0053, 90-339, 83-766 (library board as agency of parish)
- La. Atty. Gen. Op. No. 06-0160 (line-item-veto authority subject to library salary carve-out)
- La. Atty. Gen. Op. Nos. 99-413, 90-339, 89-325 (library board cannot own property or contract)
- La. Atty. Gen. Op. No. 02-0325 (sale of surplus library property)
- La. Atty. Gen. Op. No. 08-0057 (dedicated tax funds must remain in library purpose absent rededication)
- La. Atty. Gen. Op. No. 81-1252 (sale of formerly-dedicated immovable property)
- La. Atty. Gen. Op. No. 19-0070 (abolition framework)
- La. Atty. Gen. Op. No. 92-277 (revocation of dedication)
- La. Atty. Gen. Op. No. 17-0057 (succession of assets on abolition)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0070

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. BOX 94005
BATON ROUGE
70804-9005

Jeff Landry
Attorney General

July 25, 2023

OPINION 23-0070

64-1 LIBRARIES
La. R.S. 25:211, et seq.

Mr. William E. Weatherford
Secretary-Treasurer
Sabine Parish Police Jury
400 Capitol St.
Room 101
Many, LA 71449

Addresses questions concerning the relationship between the Sabine Parish Police Jury and the Sabine Parish Library Board of Control.

Dear Mr. Weatherford:

Your request for an Attorney General's Opinion on behalf of the Sabine Parish Police Jury (Police Jury) has been assigned to me for research and reply. In your request, you have asked several questions about the relationship between the Police Jury and the Sabine Parish Library Board of Control (Library Board).

Louisiana Revised Statute 25:211 gives the governing authority of any parish the power to create, by ordinance, a public library. The Library Board has the authority to establish rules and regulations, elect and employ a librarian, and, upon the recommendation and approval of the librarian, to employ assistant librarians and employees and fix their salaries and compensation.

In addition, La. R.S. 25:215(B)(5) transfers the administration of and accounting functions for funds of the Sabine Parish Library from the Police Jury to the Library Board. This office has opined that "the purpose of La. R.S. 25:215(B) is to 'alleviate the burden of the police juries in the routine check-writing and accounting functions of library funds legally imposed by R.S. 25:220 and to transfer such functions to the respective parish library boards.'"

According to your opinion request, the Sabine Parish Library received a donation of land for the construction of a new library building. The Library Board prepared an annual budget for 2023 that allocates $3.5 million for the construction of a new library building, contracted with an architect to design the building, and advertised for construction of the building. In light of these facts, you have asked a series of questions related to the Library Board's responsibility and control over the donation and the library budget in general.

Does the Library Board prepare the budget for the Sabine Parish Library? Does the Police Jury have the responsibility to approve the proposed budget of the Library Board?

A Library Board is not a special district or creature of the legislature. Instead, it is an agency of the parish, created by the governing authority of the parish pursuant to authority granted by the legislature, for the purpose of operating and administering the parish library system on behalf of the police jury. As such, the Police Jury retains general budgetary and fiscal control over the Library Board. This budgetary and fiscal control includes the power to require a Library Board to submit proposed budgets and statements of expenditures. Accordingly, the Library Board does have the authority to submit a proposed budget and may be required to do so by the Police Jury, but that budget is only a proposed budget to be submitted for consideration to the Police Jury pursuant to the Local Government Budget Act. La. R.S. 39:1305.

The Police Jury's general budgetary and fiscal control over its agencies includes the authority to approve an agency's budget in accordance with the Local Government Budget Act, specifically La. R.S. 39:1309. When a police jury budgets funds for library purposes under La. R.S. 25:217, the police jury has both the legal authority and the responsibility to approve, disapprove, or amend a budget adopted by the library board to the same extent that the police jury has those responsibilities as to its own budget. However, as discussed below, a Police Jury may not amend the budget if such an amendment would conflict with the provisions of La. R.S. 25:211, et seq.

Except for items specifically set forth in La. R.S. 25:215(A), does the Police Jury have the authority to line-item veto the proposed budget prepared by the Library Board?

Yes. In addressing a police jury's general budgetary and fiscal control over agencies created by it, La. R.S. 33:1415(B) provides, in pertinent part:

Budgetary and fiscal control shall include, but not be limited to, approval of operating budgets with the right to veto or reduce line-items. In addition, no such agency or entity shall exercise any power or authority to submit to the people any proposal to levy any tax or issue any bonds unless the proposal therefor first has been submitted to and been approved by the governing authority of the parish or municipality. The parish or municipality shall exercise such other budgetary and fiscal controls as are necessary and proper to ensure the maximum feasible coordination of government on the local level.

(Emphasis added.) However, La. R.S. 33:1415(C) provides that where the provisions of this part could be interpreted to conflict with the provisions of La. R.S. 25:211 et seq., relative to parish and municipal libraries and their boards, the provisions of La. R.S. 25:211, et seq., shall prevail. Louisiana Revised Statute 25:215 reserves to the Library Board the authority to employ and fix the salaries and compensation for the librarian, assistant librarians, and other employees. This office has previously opined that a police jury may not, by line item in the parish budget, change the salaries of public library employees set by a Library Board. The Police Jury may veto or reduce line items in the Library Board's proposed operating budget, except where to do so would conflict with the provisions of La. R.S. 25:211, et seq.

Since the Library Board is an agency of the Police Jury, are properties donated to the Library Board owned by the Police Jury and subject to sale by the Police Jury? Would the Parish be the owner of the new library building even though it was constructed with funds under the control of the Library Board?

We cannot opine on the specific donation at issue, but we will generally address the ability of the Library Board to own property. The Library Board may receive and accept unconditional gifts, donations, and contributions, but the gift or donation may not be accepted without the approval of the governing authority. Louisiana Revised Statute 25:211 empowers the governing authority of a parish to create, establish, equip, maintain, operate, and support public libraries. As an agency of the Police Jury, the Library Board does not have the authority to own property and the Parish is the owner of any properly donated property. For the same reasons, the Parish is the owner of any property constructed with funds under the control of the Library Board.

Can the Library Board legally enter contracts for architectural services and for the construction of a new library building?

No. The Library Board was established as an agency of the Police Jury. As an agency of the Police Jury, the Library Board is not designated as a corporate body, nor does it possess any powers independent of those prescribed by statute. The Library Board's powers are limited solely to the adoption of rules and regulations for its own government and that of the library, and the election, employment, and compensation of certain personnel. Furthermore, the Library Board is not granted such other powers usually associated with political subdivisions, including the power to sue and be sued, the power to incur debt and issue bonds, the power to contract, the power to levy taxes, or the power to adopt ordinances. Accordingly, the Library Board does not have the ability to enter into a contract for the construction of a new building and the police jury is the correct entity to enter into contracts for services.

Since assets used by the Library Board were donated to or acquired with funds dedicated to providing a parish library, how could funds received by the sale of these assets as surplus property be used by the Police Jury?

When immovable property is no longer needed for public use, the parish governing authority has the power and authority upon a two-thirds vote of the members present to revoke the dedication of the property and sell the property in accordance with law.

In La. Atty. Gen. No. 02-0325, this office considered whether a police jury could use, lease, and/or sell property that formerly housed the parish library. The parish library had been purchased with tax proceeds dedicated to the purpose of equipping, operating, and maintaining a public library. We concluded that the funds derived from the sale of parish immovable property no longer needed for public use may be used for any lawful purpose even if the property was initially acquired and/or constructed with dedicated tax funds.

In contrast, the police jury may not continue to own assets and use them for a purpose that does not comport with the dedicated tax. In La. Atty. Gen. Op. No. 08-0057, this office concluded that absent a voter-approved rededication of the library tax and bonds at issue, the parish could only use the assets in a manner consistent with the original intent of the approved proposition. The opinion concluded that St. Bernard Parish must either return the library building and land back to its originally intended purpose or must reallocate Parish funding, in an amount commensurate with the amount of the library building and land, to the library purposes provided in the tax proposition.

Is the Police Jury required to provide a parish library?

A governing authority of any parish or municipality may of its own initiative create, establish, equip, maintain, operate, and support a public library. However, a governing authority is required to create, establish, equip, maintain, operate, and support a public library when twenty-five percent of the duly qualified property taxpayers have petitioned the parish government to establish a library. Unless a petition to establish a library has been submitted to the parish government, the Police Jury is not statutorily mandated to create, establish, equip, maintain, operate, and/or support a public library.

Can the Police Jury abolish the Library Board, cease library operations in the parish, declare all library assets surplus, and sell all library assets?

Yes. Since the Library Board is an agency of the Police Jury, La. Const. Art. VI, § 15 grants the Police Jury, "without limitation, the power to abolish the agency." The word "agency" includes boards and commissions. Brasseaux v. Vermilion Parish Police Jury, 361 So.2d 35 (La.App. 1978). Additionally, La. R.S. 33:1415(A) provides that a parish governing authority that creates or establishes a board, commission, agency, or district has the power to abolish it, provided that any indebtedness of the board, commission, agency or district is provided for prior to abolishment.

As discussed above, La. R.S. 33:4717 authorizes the Police Jury to revoke the dedication of any immovable property that is no longer needed or necessary for public use. All remaining property or assets of an abolished library must be returned to the police jury. The police jury as the creator of the library should succeed to all of the assets, funds, rights, records, and other materials of the library. Thus as the owner, a police jury may sell, lease, or exchange any property owned by the police jury or the parish when such property is no longer needed for public purposes.

Can the operations of the Library Board be funded with transfers from the Police Jury's general fund?

Yes. Louisiana Revised Statute 25:220 contemplates that the expenses, costs, and maintenance of the library shall be paid out of "funds specially budget from the general fund for library purposes, in default thereof, out of the special taxes voted, levied and collected by the governing authority for the library's support and maintenance."

We trust that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LANDRY
ATTORNEY GENERAL

BY:
Assistant Attorney General