Louisiana Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Louisiana, with full citations and the original source on every page.
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Which Lafayette school-bus driver payments did the board have to try to recover after an audit?
The AG said Lafayette Parish School Board had to make reasonable efforts to recover payments for mileage it improperly guaranteed without a legal obligation. Contractually owed frozen-mileage…
Could a part-time chief indigent defender serve on a Louisiana parish council?
Yes. The AG concluded that a part-time chief indigent defender could also hold an elected parish council seat. The defender position was an appointive office, but the statute barred the combination…
Could Baton Rouge pay travel costs for an out-of-state candidate interviewing for a city-parish job?
The AG said the city-parish could pay an out-of-state interviewee’s travel costs only if it had a legal obligation to do so and received a public benefit proportionate to the cost. Whether a…
Could Slidell front city funds to elevate private homes and later seek FEMA reimbursement?
No. The AG concluded that Slidell could not spend its own funds first to pay contractors elevating privately owned homes, even with later FEMA grant reimbursement expected. It distinguished the…
Could Louisiana appellate-court employees serve as poll commissioners in an Orleans Parish election?
Yes, if they met the statutory qualifications. The AG said Fourth Circuit Court of Appeal employees were not barred merely because they worked for a court; it highlighted the requirements in R.S.…
Could an elected Louisiana school board member also work as a deputy sheriff?
No. The AG said R.S. 42:63(D) prohibited a person from serving on a school board while holding any office or employment with a sheriff. That covered the proposed deputy-sheriff position.
Could a Louisiana university pay another public university directly for students displaced by Hurricane Katrina?
Possibly. The AG said direct payment from a student's original public university to a host university could be made if an agreement obligated the home institution to compensate the host, subject to…
Do voter-approved limits on a parish health tax apply to money collected before the vote?
Yes. The AG said Lafourche Parish's voter-approved budget percentages applied to both its accumulated health-tax balance and later collections. It also said the parish could not use that tax to buy…
Could a Terrebonne Parish council member also direct the Houma-Terrebonne Housing Authority?
Only if the housing-authority executive-director position was part time. The AG said it was an appointive office and R.S. 42:63(D) barred a local elected official from holding it full time. The…
Could Louisiana's Pilotage Fee Commission add a fee solely to fund its operations?
The AG said the commission could set reasonable fees and rates for the pilotage services listed in its enabling law, with those fees covering ordinary operating and administrative costs. It could…
What procedure did a Louisiana municipality have to follow to remove property from its boundaries?
The AG said a municipality seeking to contract its boundaries had to use the same procedure and published notice used for annexation. The same court appeal right applied.
What authority allowed Louisiana to appoint a state medical examiner for Katrina deaths?
The AG said Governor Blanco’s Executive Order KBB 2005-39 authorized the Department of Health and Hospitals secretary to appoint an Office of Public Health state medical examiner to control the…
Could Morehouse Parish keep a fire district’s state revenue sharing money in the parish general fund?
No. The AG identified Bastrop Area Fire Protection District No. 2 as the tax recipient body and said its state revenue sharing money should go into the district’s fund, not the Morehouse Parish…
Could St. Tammany's tourist commission accept low-cost private office space and pay for signs pointing visitors to its tourist center?
Yes. The AG said the tourist commission could accept free temporary space or a $1 annual lease for a certified tourist center and pay for necessary directional signs, even if nearby private…
Could a city court pay for police patrol car cameras and radar?
No. The AG concluded that Abbeville City Court could not equip or fund police patrol units with cameras and radar. The court's indirect financial benefit from more convictions did not supply legal…
Could a St. Landry economic-development district commissioner be reappointed after a term?
No. The AG read the St. Landry district statute to allow original commissioners only their initial staggered terms and to bar reappointment of anyone who later served a full term.
Could a Baldwin police officer serve on Franklin's city council in Louisiana?
Yes. The AG concluded that a Baldwin police officer could hold an elected Franklin city council seat because the two municipalities were separate political subdivisions. The statute barred combining…
How did Louisiana count vacation days for Lake Charles firefighters working shifts of different lengths?
The AG said the statute gave covered firefighters 18 paid vacation days after one year, with a day measured as a 24-hour calendar day rather than a work shift. For an average 40-hour workweek, it…
Did a Louisiana tax debtor's continued possession extend the tax-sale redemption period?
No. Under the law analyzed in 2006, the AG said the three-year redemption period ran from recordation of the tax sale and could not be suspended or interrupted by the tax debtor's continued possession.
Could a Louisiana representative postpone a resignation after the House speaker received the resignation letter?
No. The AG said Representative Tommy Wright's notice became irrevocable when the House speaker received it on December 29, 2005. The stated resignation took effect January 3, 2006; his later letter…
Did Baldwin’s mayor and aldermen have to fire an officer after the police chief recommended dismissal?
No. The AG said the elected police chief had to make recommendations for discipline and dismissal, but those recommendations were advisory. Baldwin’s mayor and board of aldermen could make their own…
Could a Louisiana coroner give towns residents' initials and addresses for fee reimbursement without disclosing privileged medical information?
Yes for the limited information described. The AG said a coroner could provide residents' initials and addresses to municipalities seeking coroner-fee reimbursement because those details did not…
Could a parish public defender also be civil counsel to the sheriff?
The AG said a parish public defender could also represent the sheriff if the sheriff work was limited to civil matters, as described in the request. It cautioned that work on the sheriff's…
Could a Louisiana sheriff close a parish jail after declaring it unsafe?
The AG said the East Carroll sheriff's determination that the parish jail was unsafe fell within his discretion and allowed him to transfer inmates and stop operating it. The police jury could seek…
Could the New Orleans Aviation Board issue $20 million in revenue notes for airport operating expenses?
The AG said the board had authority to issue the proposed revenue anticipation notes for airport operating working capital, subject to city council approval and a unanimous council declaration of…
Could a Louisiana district court clerk borrow money through a parish or an intergovernmental agreement?
No. The AG concluded that a district court clerk had no statutory or constitutional authority to incur debt. A parish loan arranged through the Local Services Law would not create that authority if…
Could a Louisiana liquor retailer pick up alcohol from a wholesaler's warehouse instead of receiving wholesaler delivery?
Yes. The Attorney General said Louisiana's Alcoholic Beverage Control Law did not prohibit a retailer from buying beverages at a wholesaler's warehouse and transporting them to its retail premises.
Could the New Orleans Aviation Board borrow for airport operations, existing debt, and capital projects?
The AG said the New Orleans Aviation Board had statutory authority for borrowing tied to airport capital work and existing debt, subject to the required approvals. Borrowing for operating working…
Who reimbursed a Louisiana sheriff for transporting a patient under a physician emergency certificate?
The AG said the sheriff's department had to transport a patient under a properly executed physician emergency certificate but should be reimbursed. The opinion identified the patient or responsible…
Could Plaquemines Parish Council hold a special meeting away from its damaged parish seat after Katrina?
Yes. The AG said the Plaquemines Parish President could call a special council meeting at a location elsewhere within the parish after hurricane damage made the parish seat unusable. It found no…
Could off-duty Broussard police use city patrol cars for paid private security work?
The AG said Broussard’s chief could authorize off-duty officers to use city patrol cars for private security details within city limits and accept payment or reimbursement from the private…
Could Vermilion Parish pay employees for five workdays lost to Hurricane Rita?
Possibly. The AG said Vermilion Parish could pay employees for five Rita-related missed workdays if an existing ordinance, policy, or custom provided for that leave and the benefit was applied with…
Did Youngsville's local census qualify it for reclassification from a Louisiana town to a city?
Yes. After reviewing Youngsville's census and resolutions, the AG concluded the submitted documents met the statutory requirements for reclassification from town to city. It found a population of…
Could Denham Springs update its restaurant liquor-permit ordinance without another election?
The AG said Denham Springs could amend its restaurant-permit ordinance to match current state law without another local-option election. It cautioned that replacing the old 60% food-sales…
Could a Louisiana fire district spend voter-approved property tax revenue on dress uniforms for volunteer firefighters?
Yes, under the Coteau district's voter-approved tax proposition. The AG said the district could use part of the tax proceeds for paid or volunteer members' dress uniforms if it determined the…
Could a Louisiana town impose a broader residency ban on registered sex offenders than state law?
The AG said Ball could adopt an ordinance regulating registered sex offenders' residence, but it could not conflict with or be more restrictive than state law. The proposed half-mile rule added…
Can a Louisiana school board give land to a parish for a boat launch or to a council on aging?
The AG said Bienville Parish School Board could not donate sixteenth-section land for a public boat launch. A gift of its old school site for meals serving objectively identified needy elderly…
After a Louisiana town approved its police budget, who controlled police purchases, ticket money, and records?
The AG said an elected police chief controlled department purchases within specific approved budget appropriations, while following municipal purchase-order rules. Ticket fines generally went to the…
Could the Cajundome Commission form a nonprofit to run concessions and catering?
The AG concluded that the Cajundome Commission could form a nonprofit to support its operation of the venue. Its authority to operate and manage the Cajundome supplied implied authority for that…
Could Louisiana crews remove cars and boats deposited on private land by Katrina without using abandoned-vehicle procedures?
The AG said vehicles carried onto private property by Katrina or Rita without their owners’ intent to abandon them were disaster debris, so the ordinary abandoned-vehicle procedure did not apply. It…
Could Louisiana's dental board expunge a first-time advertising discipline record after three years despite public-records law?
The AG said Act 189 was compatible with Louisiana's Public Records Act because it allowed later disposal of a first-time advertising discipline record that had first been public, rather than making…
Could a Louisiana city court marshal hire a private collection agency for unpaid fines and costs?
No under the law the AG examined. It said the city court clerk or marshal designated by the judge had the collection duty, and a private agency could be used only with special statutory…
Could the Caddo Levee District build a boat ramp on district land away from a levee?
No. The AG said the Caddo Levee District lacked authority under La. R.S. 38:325 to build the proposed recreational boat ramp because it would not be on or immediately adjacent to a levee. District…
Could Louisiana's State Mineral Board give a parish sand and gravel for local roads?
No. The AG said the State Mineral Board could not give state sand and gravel to a parish for roads the state had no duty to repair. It could transfer the materials for fair and adequate value or a…
Could a Louisiana city reverse a rezoning when a developer builds something other than the approved plan?
The AG said Zachary could make future rezonings conditional on approved plans and provide for reversion when a developer departed from them. For an earlier approval without that condition, the city…
Could the Port of Iberia buy or expropriate land in neighboring Vermilion Parish?
No. The AG read the Port of Iberia's enabling statute as permitting the commission to acquire land in Iberia Parish only. It found no other authority to buy or expropriate land in neighboring…
Could a Louisiana municipality annex land across Richwood's boundary after the 2002 annexation amendment?
The AG said the 2002 amendment to Louisiana's annexation statute permitted a municipality to annex noncontiguous land, including the boundary-crossing proposal described by Richwood's mayor. The…
Could Simmesport demolish dangerous abandoned buildings and clean up unsafe lots?
Yes. The AG said Simmesport could demolish a building that was dilapidated and dangerous to public welfare if it followed the statutory report, notice, and hearing process. It could also adopt an…
Can a Louisiana water district buy land and drill a well in a neighboring parish to supply its customers?
Yes to acquiring appropriate land in the adjoining parish. To drill a well there and bring water back to its district, the AG said Cameron Parish Waterworks District No. 10 needed an agreement…
Could a Louisiana parish install culverts for private landowners in public rights of way if they repaid the cost?
Yes. The AG said Jefferson Davis Parish Police Jury could agree with private landowners to install culverts in public rights of way to improve parish drainage, but it had to recover its actual…
Could the Terrebonne Parish Council put a proposed smoking ordinance directly to a referendum?
The AG found no authority for the Terrebonne Parish Council itself to put a proposed smoking ordinance on a referendum ballot. Under the parish charter as the AG read it in 2005, proponents could…
Could Bogalusa spend sales tax revenue dedicated to its industrial park on the damaged access road outside the park?
No. The AG said Bogalusa's voter-approved sales tax was dedicated to improvements and maintenance within the industrial park. City Limits Road was a heavily used access route but was outside the…
Was a Caddo industrial development board warehouse exempt from property tax while leased to a private developer, and could the board require a payment instead?
Yes. The AG said a Caddo industrial development board project remained exempt from ad valorem tax while the board held title and leased it to a private developer. The board could require an annual…
Could a Louisiana village defend itself in court without a lawyer, and could a judgment creditor seize village property?
The AG said Rodessa could defend itself through a duly authorized representative only if the case involved an open account, promissory note, or eviction. It also concluded that public village…
Did the St. Tammany police jury have to buy a mapping system needed by the parish assessor?
Yes, if the assessor adequately showed that the computerized mapping system was needed for official duties. The AG said the police jury had to buy it under La. R.S. 33:4713 and bill the parish's…
Did Jefferson Parish have to bus eligible magnet-school students and students attending another school by permit?
The AG said students eligible to attend Jefferson Parish magnet schools without special board permission qualified for free transportation under the statutory conditions, even if they lived outside…
Did advisory groups formed by a Louisiana development district board have to hold open meetings?
Yes for the two proposed groups described to the AG. They were board committees with board members that would recommend action to the district's executive director, so the AG treated their meetings…
Could reporters ask voters exit-poll questions within 600 feet of a Louisiana polling place?
Yes. The AG said voluntary media interviews of voters after they voted were permissible within the 600-foot zone and that the reviewed demographic and policy questions were acceptable. The answer…
Did Louisiana’s waste-tire fund owe processors later payments when a month’s funds fell short?
The AG said the Waste Tire Management Fund did not owe processors a continuing debt for monthly shortfalls. When money was insufficient, the department paid undisputed amounts pro rata and could…
Did Hurricane Katrina or Rita delay a Louisiana home buyer’s closing deadline?
The AG said a buyer was not liable for missing a closing deadline when a hurricane made performance impossible, and temporary impossibility could suspend performance. It reasoned that a seller’s…
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Attorney general opinions in Louisiana are written by the Louisiana Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.