State AG Opinions
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Could private supporters create a nonprofit foundation to raise money for the Orleans Parish district attorney's office?
The AG found no legal impediment to creating the separate nonprofit. Louisiana's public-funds donation ban did not prevent a public office from receiving donated money, but the AG referred ethical…
Could an Iberia public hospital indemnify its private manager for negligence and reimburse a CEO incentive bonus?
An indemnity covering someone else's negligence would violate the cited public-contract statute; the AG could not tell whether the hospital otherwise had a legal duty to indemnify. The proposed CEO…
Did Louisiana's new criminal-bond fee law require municipal police departments to collect the fee?
No. The AG read R.S. 15:85.1 as assigning collection of the criminal-bond fee to parish sheriffs, not municipalities.
Could a parish tax assessor fund a town building for a satellite assessor's office?
The AG said a satellite assessor's office was authorized and that the proposed funding could be allowed for a public purpose through a cooperative endeavor with the town. Counsel for both offices…
Are St. Tammany hospital district nominating committee members appointed officials, and are they personally liable for nominations?
The AG classified the committee members as appointed officials and applied a good-faith limit on their individual liability for official policy judgments, absent willful or wanton misconduct.
Can a Louisiana town alderman also manage a private nonprofit water system?
Louisiana's dual officeholding law did not apply to the alderman's reported private water-system job. The AG sent the separate ethics questions to the Louisiana Board of Ethics.
Must Avoyelles Parish use its garbage sales tax to pay for a school board's pickup beyond the seven-bag limit?
No automatic entitlement followed from the tax vote. The police jury could set the amount of collection paid with tax proceeds, including the seven-bag limit, if it used the money for the…
Could St. John the Baptist Parish give loans or aid to uninsured residents whose homes were lost in a tornado?
The AG said the parish could not simply provide those loans or payments from public funds. It could establish a genuine social-welfare program for needy disaster victims, using objective criteria to…
Could Franklin Parish choose one private ambulance provider without facing federal antitrust liability?
State law could not bar a federal antitrust suit. The AG said Louisiana's authorization appeared to satisfy one part of the state-action immunity test, but whether active state supervision existed…
Could the Iberia Parish clerk of court give employees annual salary supplements when funds were available?
Yes, if the supplements were earned salary increases for future work. The AG said the clerk could not give an unearned bonus for past service and recommended putting the funding condition in each…
Could the Plaquemines Parish sheriff contract with the port district to provide security funded by its shipping tariff?
The AG said the sheriff could enter the proposed cooperative endeavor for additional port security if the services were part of the sheriff's legal duties, served a public purpose, were related to…
Could a Louisiana juvenile court impose a juror fee after a delinquency adjudication?
The AG said the fee for criminal defendants should not be imposed after a juvenile delinquency adjudication. Juvenile adjudications are not criminal convictions, and the opinion noted that juvenile…
Could a Louisiana state employee insurance vendor without an A.M. Best rating keep receiving payroll deductions?
Under the law examined in 2003, the AG said DINA/Guaranty could keep its payroll deduction approval under a grandfather clause if it met the earlier rules. The AG also considered it appropriate for…
Did the Louisiana Local Government Budget Act cover a parish court judicial expense fund?
Yes. The Attorney General said the Act applied to the Second Parish Court's judicial expense fund. He concluded the fund appeared to be a general fund, not a special revenue fund for purposes of La.…
Could Louisiana school board members receive actual-cost reimbursement for travel outside their district?
The AG said Act 376 capped those reimbursements at the Division of Administration's rates for state employees. It rejected treating school board members as state officers entitled to actual expenses…
Could a water system accept public-works bids whose bonds used a different form than the one in its specification book?
The AG said yes for these bids. Both bidders submitted the required bond information, and the project notice requested use of the book's form without making that particular form mandatory. The…
Were a plant nursery's machinery, equipment, inventory, and furniture exempt from Louisiana property tax?
The AG said nursery machinery, equipment, and inventory were exempt from ad valorem tax when used exclusively for agricultural purposes and held by the original producer. It declined to decide…
Could a fire chief or captain sit on the fire district board that employed them?
The AG said no. The dual-officeholding incompatibility provisions barred the fire chief from serving on the board that employed him, and the opinion applied the same reasoning to the district…
Which National Board certified Louisiana school employees qualified for the teacher salary supplement?
The AG said a full-time school-board employee generally had to teach students regularly, hold the required Louisiana and National Board certificates, and meet the statute's other conditions.…
What could Vivian do if a former mayor kept town keys and allegedly used them to enter town property?
The AG identified a trespass action or a permanent injunction as possible responses, but said the town needed eyewitness or circumstantial evidence supporting the alleged use of the keys. Without…
Did Louisiana university boards need the new state approval process to accept donated land?
No. The AG concluded that the 2003 procedure for state acceptance of donated immovable property did not apply to post-secondary system management boards, which had separate statutory donation…
Could a Louisiana parish add a different road to an existing paving contract by change order?
No, under the facts in this 2003 opinion. The advertised contract covered Broussard Road alone, so adding Kathy Road was outside its scope. Because the new work was below the opinion's…
Could a Louisiana city pay severance promised in a union employment contract without violating the ban on gifts of public money?
Yes. The AG said the contract made severance for a qualifying employee an earned benefit and a legal obligation of the city, so payment was not a prohibited donation. It distinguished an earlier AG…
Did the petition to recall an Opelousas alderman have enough valid signatures to trigger an election?
No. The AG said the registrar certified 714 valid signatures from a voting area with 2,505 electors, below the required one-third share. The governor therefore could not issue a proclamation for the…
Did a federal court-approved Medicaid settlement require Louisiana lawmakers to appropriate program funds?
The AG said only the Legislature could decide whether to appropriate money for the settlement plans. But it warned that failure to fund the plans could violate the federal court order incorporating…
Could a Louisiana department pay juvenile detention center start-up costs without a legislative appropriation?
No. Although the statute directed the corrections department to provide start-up funds, the AG said only the Legislature could appropriate the money. The department could pay those costs only if…
Could an Oakdale city jailer keep the job after being elected to the city council?
No. The AG said the employee could run for city council while still working as jailer where civil-service rules did not apply, but would have to resign from the municipal job if elected.
Could one person serve on Clinton's planning commission and historic district commission?
No. The AG concluded that a municipal planning commissioner could not simultaneously hold the historic district commission position because the planning-commission statute barred members from…
Did Louisiana's election-year payroll-padding law stop a clerk of court from funding an ongoing office renovation?
The AG said no. The DeSoto Parish clerk's ongoing office restructuring was outside the payroll-padding prohibition, and physical improvements were capital expenses rather than operating expenses…
Did Louisiana law require BESE to distribute Education Excellence Fund money directly?
No. The AG concluded that BESE had no constitutionally or statutorily mandated direct role in distributing Education Excellence Fund money. Its specified approvals and budget-letter work supported…
Could Sibley keep a driver's license after any traffic ticket until the fine was paid?
No. The AG said Louisiana law allowed an officer to retain a license only in the listed circumstances. Sibley could not broaden that rule by ordinance to cover every traffic citation.
Could Monroe charge a business for the cost of its local sales tax audit?
The AG said local audit costs could be charged only under an authorizing ordinance, proper notice, and the statutory 30-percent cap. Monroe could not charge this taxpayer because its audit notice…
Could a city court probation officer arrest a misdemeanor probationer under supervision?
Yes. The AG said court-appointed probation officers were peace officers for matters involving the people they supervised and could make arrests incident to that supervision; their authority did not…
Who paid for feeding and housing children committed to Louisiana's corrections department?
The AG said the department, subject to appropriations and the placement rules in the cited statute, owed the applicable nonstate-facility costs; local governing authorities did not. It found no…
Could a treatment facility help officers arrest a patient named in a warrant without violating confidentiality rules?
The AG said treatment facilities should cooperate fully with officers holding an arrest warrant. It said acknowledging a patient's presence might not disclose a treatment record, and calling the…
Was Louisiana responsible for an employee's work as treasurer of a professional association?
The AG found no fiduciary relationship between the state and the described organizations. It said separate employer liability for an employee's conduct would depend on the facts, and the…
Could a St. Tammany council candidate run in a newly drawn district before moving into it?
Yes, if the new district was formed in whole or part from the old district where the candidate had met the one-year domicile and residence requirement. If elected, the candidate had to move into the…
Could Vivian co-sign or guarantee another party's bank loan under an economic development agreement?
The AG said Vivian needed prior written State Bond Commission approval before co-signing or guaranteeing the note. It also said a guarantee could violate the constitutional ban on pledging public…
Could Alexandria's fire and police civil service board close an employee disciplinary hearing to the public?
No. The AG said the board had to hold the hearing in public, although it could enter executive session for limited discussions of a person's character, competence or health, or an investigation into…
Could a Louisiana constable also serve as a part-time waterworks commissioner?
Yes. The AG said the dual-officeholding restriction he examined applied to a local elected official's full-time appointive office, while this waterworks commission seat was part time.
Could Louisiana fire departments choose outside trainers, and who set certification standards?
The AG said fire departments could choose their own trainers, but other training providers had to coordinate with LSU's Fire and Emergency Training Institute and meet its standards for…
Did Hammond's city council have to confirm an assistant city attorney chosen as prosecutor?
No. The AG read Hammond's charter to require council confirmation for the city attorney, but not for an assistant city attorney selected by that attorney. The council still had to authorize and…
Did Louisiana's hate-crime law cover targeting someone for military service?
The AG said the U.S. Armed Forces could fit the statute's definition of an organization, so targeting someone because of military membership or service might fall within it. He cautioned that a…
Could Ville Platte use a cooperative agreement with merchants for downtown storefront improvements?
The AG said the city was authorized to beautify downtown and the proposed agreement benefited the public. He concluded it complied with the constitution if its cost was commensurate with that benefit.
Could Haynesville council members charge travel and meal per diems to the town?
The AG said the mayor controlled payment of specific town expenses within approved budget categories, while council travel had to serve a proportionate town benefit. A reasonable, authorized meal…
Could St. Martinville raise its maximum ordinance fine from $50 to $500?
The AG found the proposed special-charter amendment consistent with state law, which allowed aldermen to enforce ordinances with fines up to $500. He recommended the governor approve it if no timely…
How much control did a Louisiana police jury have over its 911 communications district?
The AG said the Beauregard Parish Police Jury could amend the creating ordinance, control the district budget, and appoint commissioners. He found no authority for directing commissioners' votes or…
Who controlled Walker's town spending, records, ordinance timing, and police hiring?
The AG said Walker's mayor could pay approved-budget expenses without a new aldermen vote, while the clerk kept town records and the seal. He also addressed officers' bonds, ordinance publication…
Could St. Tammany Parish share district sales tax proceeds with Covington without voter approval?
No. The AG said the tax proposition dedicated the district proceeds to roads and bridges within the district and did not authorize an allocation to Covington. The parish and city could still enter a…
Could Washington Parish use cash held by a dormant industrial district?
The AG said the district could use its own money for industrial development within or next to the district, but the police jury could not simply take it as a donation. If the district were…
Did both spouses have to be 65 for Louisiana's special property tax assessment?
No. For a home owned by spouses as community property, the AG read the then-existing constitutional provision to require only one spouse to meet the age threshold, provided the other eligibility…
Did Louisiana Medicaid managed care have to pay advanced practice nurses the same rate as other providers?
The AG said the Medicaid Managed Care Program qualified under the then-existing reimbursement statute, so advanced practice registered nurses could not be paid less than other providers for the same…
What may a Louisiana police officer's lawyer do during a departmental interrogation?
The AG said the lawyer could advise and confer with the officer during questioning but could not ask questions or object. The department could not impose courtroom-style limits on witnesses called…
Can a Louisiana school board member vote to settle a class action lawsuit in which the member is a plaintiff?
The AG said a board member who belongs to the plaintiff class would violate the public contract fraud statute by voting on or trying to influence a contract matter tied to that lawsuit, including a…
Could Jackson enter private land to remove overgrown weeds after its ordinance's notice period?
The AG said Jackson's weed-abatement ordinance was consistent with state law and could be enforced, including entry and removal after the ordinance's notice and delay. He treated the ordinance as…
Could Sorrento use its senior-program tax for garbage fees and give workers a health-insurance allowance?
Yes, under the circumstances in this 2003 opinion. The AG said Sorrento's dedicated tax could fund programs benefiting residents 60 and over, including the proposed garbage-charge and Christmas…
Could LSU keep fraud-investigation interviews out of public records by conducting them in executive session?
The AG said LSU's board or its committees could investigate alleged misconduct through a properly authorized executive session, whose proceedings would not be public records. Information gathered…
Could Central Lafourche's ambulance district contract with a for-profit company for emergency service?
Yes. The AG said the district's contract with a private for-profit ambulance provider was valid. Its charter permitted nonprofit leases but did not ban for-profit contracts, and voters had approved…
Could Morgan City charge future retirees an extra amount to stay on its health plan?
The AG approved Morgan City's proposed service-based surcharge guideline for future hires who later chose retiree coverage. Under it, retirees with at least 25 years of service paid no surcharge.…
What should a Louisiana water district do with surplus property taxes after bond debt is paid?
The AG said a district should return surplus general-obligation bond funds to taxpayers pro rata if practical, starting with the most recent tax roll and moving backward. If a refund was…
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