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2016 Op. La. Att'y Gen. 1 (2016)

handle is hein.sag/sagla2016 and id is 1 raw text is: AState of Louisiana DEPARTMENT OF JUSTICE CIVIL DIVISION \ ¢. P.O. BOX 94005 BATON ROUGE r 70804-9005 Jeff Landry Attorney General FEB 2 6 2016 OPINION 16-0001 90-A-1 PUBLIC FUNDS & CONTRACTS La. Const, art. VII, §14 Ms. Donna Y. Frazier La. R.S. 33:1321 etseq Caddo Parish Attorney 50 o T raish tore SCaddo Parish may transfer funds to the municipalities within Caddo 505 Travis Street, Suite 810 Parish and the Caddo Parish Sheriffs Department for law Shreveport, LA 71163 enforcement purposes pursuant to the Local Services Law. Dear Ms. Frazier, Your request for an Attorney General's Opinion has been assigned to me for research and reply. On behalf of Caddo Parish (Parish), you have asked our opinion regarding the ability of the Parish to transfer funds to the Caddo Parish Sheriff s Department and the municipalities within the Parish through a cooperative endeavor agreement for the purposes of enhancing law enforcement services within the Parish. In order to enhance the law enforcement services available to its citizens, the Parish appropriated $725,000.00 to the municipalities within the Parish and the Caddo Parish Sheriffs Office as a supplement to the law enforcement budgets of the political subdivisions. The Parish anticipates that these agencies will use the funds on a one- time basis to acquire vehicles or other equipment related to law enforcement. You have asked whether La. Const. art. VII, §14 permits such a transfer of funds. As noted in your request, parish governing authorities typically do not perform law enforcement functions. However, La. R.S. 33:1321 et seq. (Local Services Law), grants parishes, municipalities, and political subdivisions' of the State of Louisiana the authority to contract with each other for the joint use of funds, facilities, personnel, or La. Const. art. VI, §44 defines a political subdivision as a parish, municipality, and any other unit of local govemment, including a school board and a special district, authorized by law to perform governmental functions. La. R.S. 13:5901 creates a law enforcement district in every parish for the purpose of providing financing to the office of sheriff for that parish and establishes the sheriff as ex officio the chief executive officer. This district is provided with the power to tax by La. R.S. 13:5902 and, therefore, qualifies as a political subdivision. The jurisdiction of the Caddo Parish Sheriffs department is synonymous with that of the Caddo Parish law enforcement district. Therefore, the Caddo Parish Sheriffs Department qualifies as a political subdivision.

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