Answer

Commingling public and private funds makes private funds public. AG Op. No. 02-0401 recognizes the fungible nature of money and states that if the monies are tracked individually and can be distinguished as separate from public funds, they are not "commingled". However, AG Op. No. 91-0421, referring to a fire district flower and gift fund, states that the monies in the fund should not come from public dollars. The provisions of R.S. 22:347 (formerly R.S. 22:1585) provide for monies to be transferred from the state treasurer to the parishes from the "two percent fire insurance fund." This money is "public money". The 2% fund is comprised of public monies and if these monies are commingled with other funds (the boot money), all monies become public funds. Although the AG has provided the one opinion on accounting separately, agencies should probably be advised to follow a conservative approach and not commingle funds so that no question arises. Louisiana Legislative Auditor website: 04/29/2025 10:10:25 PM