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No, although an elected police chief has authority to govern day to day operations and spending and is charged with public safety, they are still constrained to operate within their appropriated budget. R.S. 39:1311(C) notes that the budget provides the appropriation authority for the expenditure of budgeted funds and increment of debt.
Further, R.S. 39:1311(E) provides:
Notwithstanding any provision of this Section to the contrary, the elected chief of police in a municipality shall advise the municipal governing authority in writing when total actual expenditures plus projected expenditures for the remainder of the year within the police department exceed the total budgeted expenditures by five percent or more, and shall make recommendations in writing to the governing authority for responsive action.
The provisions of R.S. 33:462 also note that all expenditures of municipal funds shall be pursuant to a specific appropriation. This means that absent amendment of the budget to provide for additional funds, the police chief is without authority to expend any funds or incur any additional liabilities beyond those budgeted to their department.
The municipality should consider the needs and concerns with maintaining public safety in addressing the Chief’s request for additional funding.
In response the municipality may choose to:
· Amend the budget to provide additional funds;
· Seek a court injunction to prevent any additional expenditures without appropriation; or
· Obtain assistance from the District Attorney.
Ultimately, the town should work with the Chief in drafting its future budget appropriations to ensure adequate funds for public safety while avoiding budget overages or shortfalls. Louisiana Legislative Auditor website: 04/04/2026 06:01:06 AM |