Answer

Generally, a public entity may not donate public funds or property under Art. 7, Sec. 14 of the Louisiana Constitution. The Attorney General (AG) has opined that K-9 animals are assets of the department and must be treated the same as any other assets of the department regarding the sale of surplus property. AG Op. No. 03-0217. In 2021, the Legislature enacted R.S. 33:4712(H), which authorizes the governing authority of a municipality to establish, by ordinance, procedures for the private sale of K-9s that are no longer needed for police work to the officer that trained or worked with the dog. This sale must be in exchange for consideration proportionate to the value of the K-9 at retirement (that is, the dog's Fair Market Value or FMV). See, AG Op. No. 20-0123. Consideration may be money, services or other benefit. The value of the K-9 at retirement is a fact specific determination. In AG Op. No. 20-0123, the AG stated that to determine the FMV of the K-9 at retirement, the police department may consider such things as the economic benefit it will receive in no longer having to incur the expenses of continued care associated with the K-9. In AG Op. No. 03-0217, the AG opined that transferring the ownership of a K-9 animal to avoid civil suit is a reasonable settlement by the parties to avoid litigation as a compromise agreement for a claim of back pay by the handler. If the municipality has not adopted an ordinance pursuant to R.S. 33:4712(H), the ordinary rules for the sale of surplus property would apply. The municipality may be able to transfer ownership of the K-9 to a nursing home or other non-profit through a Cooperative Endeavor Agreement (CEA) stating the public benefits that would come from making the transfer that are at least equal to the FMV of the K-9. The CEA should be in writing. Louisiana Legislative Auditor website: 10/23/2026 05:15:58 PM