Category:
Use of Public Funds
When looking at the Cabela’s factors and various Attorney General opinions (such as AG Op. No. 10-0123) concerning the use of public funds, what is meant by the requirement that "the public entity must have the legal authority to make the expenditure?"
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Can a public body provide the “use of buildings or certain portions of buildings” without a CEA?
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Fire District is seeking to purchase immovable property for the construction of a firefighting training facility. What statutes are relevant?
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Can a governmental employer use public funds to pay for a spouse's meal accompanying the employee at an event?
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A political subdivision has a millage coming up and would like to know if they can pay for an advertisement urging the public to vote for it with public funds?
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Can a Gravity District reimburse its employee for purchasing steel toe boots which they wear for performing their job?
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Can a public entity use public funds for “marketing meals?”
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A client’s former Board Member (charter school) was assessed a fine for late filing of required info by the Ethics Board. The client admits that they were at fault for the untimely submission and would like to pay the fine for the former Board Member. Can they pay this fine from public funds or non-public funds?
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May a city court expend funds from its Judicial Building Fund, as established under R.S. 13:1910, in order to pay for a monthly online storage fee incurred in online remote storage of its files instead of paying this from its operating account?
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Does private money become tainted if payment for services from the insurance rebate is deposited to the private account?
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Can a local Fire District pay for the cost for food (no alcohol) for the annual awards banquet for the firemen and their families, as well as the volunteer firefighters. The cost would be around $820?
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May a public entity consider bids for vehicles from out of state vendors?
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May an Ambulance Service District lend money to a Hospital Service District?
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What is the policy regarding personal use of a small-government vehicle by the government head?
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Must the department bid out the selection of the architect for a public works project using federal grant money?
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[Question 1.] A library has a "special fund" composed of "self-generated funds" meaning fees, fines, donations. Are there limitations on the expenditure of the funds? ( to pay an attorney) [Question 2.] Minutes from three years ago were not published. What to do? [Question 3.] An emancipated library board is planning to lease land from the school board to put a storage building. Who signs the lease? The library or the police jury?
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What should a law enforcement agency do with cash confiscated during a drug arrest?
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Is it legal for a Port Authority to reimburse its employees for educational expenses related to the industry and/or current position (clerical)?
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Currently, a public entity provides one uniform (a polo style shirt with the clerk’s logo on it and a pair of pants or skirt) to each employee. If an employee needs to purchase another uniform, whether due to weight gain or loss, or wear and tear, the employee must pay for the replacement item. The entity will actually purchase the replacement uniform and the employee will voluntarily pay back the purchase price at a minimum payment of $20 per pay period. These payments are not deducted from the employee’s check nor is there any written agreement between the employee and the entity. If the employee leaves, the entity requires the uniform the employees paid for to be turned back in because the entity does not want them wearing it and “representing the entity” when they are not an employee. Does the payment of the uniform by the employees constitute a loan?
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Is there a specific amount of the bond required for employees who handle cash collections?
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Where is the statutory authority for disposition of funds out of the Criminal Defense Fund to the DA?
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May an elected official pay use general operating funds to advertise in various newsletters, yearbooks, etc.?
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Can a local school board pay to advertise a job opening for teachers/bus drivers, etc. on another website or on a billboard? The Board is aware that there is a general prohibition for advertising but wanted to verify if advertising for open positions is part of that prohibition.
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What should he look at in addressing a transfer between an district attorney and a non-profit for a crime prevention program?
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Q.1. Can the Sheriff's Office place the name of the sponsor on a DARE vehicle if that sponsor was paying for all other decals to be placed on the vehicle? Q.2. Can the Sheriff's Office receive reimbursement for mileage from the Police Jury? If yes, how much should the mileage reimbursement be?
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Can a governmental agency buy all employees at the agency gifts for Employee Appreciation Day?
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The Town obtained vehicles for police on a multiple year lease and initially decided to terminate the lease due to money issues. If the Town decides to keep the vehicles, can it take money from another part of the budget to cover the vehicle costs?
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Can a municipality donate turkeys for a Thanksgiving Dinner for the elderly?
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The District Attorney’s (DA) office has allowed the employees to order polos and t-shirts with the office emblem/logo on them. The employees paid for everything themselves. Several people from other agencies and the public inquired about purchasing the t-shirts. Is it allowable for the DA to order several, then selling them to employees or others for a profit?
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Can a fire district use public funds for promotional purposes like buying food for special outreach events (like snacks/food/water for firefighters maintaining a fire department presence at a local festival), or small, branded items to promote the organization that can be given to the members of the organization or members of the general public (cups, pencils, etc.).
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Can a police jury install a culvert on private property?
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Can the mayor of a Lawrason Act municipality direct the spending of the funds appropriated to a police department under the direction of an elected police chief?
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The Mayor wants to host a fish fry for the community, can he?
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May a tourism commission purchase alcohol when entertaining?
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Can the city donate to non-profits such as Little League and church groups, etc.?
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What price can the Board of a local Water District of a Police Jury pay to purchase a privately owned water system that is located within the District’s boundaries?
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May a Sewer district purchase land for an amount which exceeds the lowest of three separate appraisals obtained but is lower than the other two appraised amounts?
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Can municipalities pay for Rotary dues and American Legion dues for public employees.
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Is it OK for a Sheriff to use funds generated from the inmate commissary to buy a police vehicle? It is our understanding that these funds can be spent like any other public funds in the Sheriff’s possession.
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Can a parish and a municipality enter into a cooperative endeavor agreement to split the match on a road exit?
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Is there any statute that would prohibit a public entity from rendering payment prior to physical receipt of materials and supplies or completion of services?
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Are you aware of any restrictions on the use of money seized by our police department in drug cases once they have been tried and resolved? Can we use it to pay salaries and benefits of the police? I have been told that there are restrictions , however, I cannot find any supporting documentation?
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Can a political party hold a voter registration event in a municipality's city hall?
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Can the sheriff use public funds to have a dinner for the elderly?
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Can the public library purchase a $45 retirement gift for someone working 33 years at public library? Is this allowed? The board and staff need to recognize her.
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Fire Protection District is preparing for a Christmas Party/Dinner, can funds from the district's budget be used to fund this particular gathering, based on a particular statute/law?
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May a Hospital Service District donate a surplus van to the local council on aging?
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When the parish president travels with her husband, she pays for his advance travel expenses (airfare, conference registration, etc.) with the parish government's credit card. She always reimburses the parish government after the travel. Is this an allowed use of public funds?
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Whereis a list of allowable advertisements that can be purchased by a School Board or political subdivision like the one for the State in La. RS 43:111? Can the school board purchase paid advertisement to advertise the upcoming year’s football schedule?
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A fire district has a proposition coming up on the next election to renew its millage and they would like to buy signs to ask people to vote “yes” on the millage renewal. Can the district use public funds to purchase the signs?
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What Attorney General Opinions or Revised Statutes should be reviewed when a fire district is considering buying food, entertainment, etc. for an open house hoping to attract more volunteer firemen to join?
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What AG Opinions are available discussing the ability or prohibition against giving gift cards as part of Employee Merit or Safety Awards Program?
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Recreation Program wanted to provide popcorn and candy to all minor participants in recreation league's games on Halloween. Wanted to make sure this was ok.
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A Convention & Visitors Bureau (Bureau) holds its board meetings at noon because all but one member (who is retired) have full-time jobs and their "lunch break" is the only time they can all be available to meet. Can lunch be provided for these meetings, which take place once a month? At Christmas time, can there be a "special" (more extravagant) lunch? Can gifts be given to board members? .
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What should a library do if there is excess money in the bond account to build a branch?
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Several departments within the Parish government want to purchase promotional items to donate to the public to promote their programs. Is this considered a prohibited donation?
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What can be purchased out of an inmate commissary fund?
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Can the Parish Assessor use public funds to pay membership dues in the Chamber of Commerce.
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State agency is entering into a services contract for maintenance of public green spaces (mowing, trimming, etc.). The contractor they are in negotiations with has asked for payment of the entire 1 year contract up front in exchange for a discount. Isn’t there a provision in the law that states public entities cannot pay in advance?
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Can a public entity provide meals for prisoners working for the entity, and for meetings of the entity and its employees?
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Does a public works contract greater than $10K but less than the $250K need to have 3 competitive quotes or can it simply be contracted without any formalities?
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Are uniforms an allowable expense for parish employees?
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Are gift cards allowed to be given to employees in a Hospital service district for the holidays?
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A candidate for the upcoming city election wants to rent one of the city owned buildings for a campaign event. Is that legal? Can the city use the building for events such as debates (to which all the candidates are invited to attend) or for voter registration events?
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Can a Hospital Service District transfer unneeded wigs it received as part of a donation for cancer patient programs to another area hospital service district for their program which supplies wigs for cancer patients who cannot afford to purchase their own?
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May a public entity cover the costs of an employee’s overdraft fees which directly resulted from a payroll error in which the employee’s direct deposit was for an incorrect, lower amount?
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May a governmental entity use public funds to pay for a Christmas lunch, which is social in nature at a cost of $55 per attendee?
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Are school administrators or 12 month employees eligible for stipend pay for professional development?
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May council members use public money to purchase shirts with the town's insignia on it?
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This agency was to receive funds from a federal grant for a dredging project through an intergovernmental agreement. The agreement has not been signed, but they have been authorized to proceed with the design of the project, although to date they have received no funds. They have gone forward with the design as authorized. The engineers they have contracted with want to be paid for the work done and are threatening to stop work until they are paid. Can they use other funds they receive (such as ad valorem taxes) to pay for the engineers' fees for the dredging project until the grant funds come through?
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Is it legal for a Fire District to accept donations from private citizens or corporations?
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Can the public civic center be used by a nonprofit organization to raise money for the town’s catfish festival? The organization would donate the money to the town.
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Can the fire district use public funds to "advertise in support of a tax proposition?"
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What are the guidelines for providing food during training sessions?
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Are there any laws that need to be considered if a public employer wanted to draft a policy to cover routine maintenance of an employee’s vehicle used primarily for public use?
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School Principal wants to purchase a camera from an employee’s spouse for use by the school’s teachers and students. What procurement rules would apply? Would this violate Ethics?
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May the Board use public money to have a Christmas party for Board members and their spouses at the home of one of the members?
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What type of documentation is required for payment of meal expenses? Their auditor wants to see which person received what meal, etc.
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Whether or not a governmental unit or quasi-public can legally pay civic club dues (Rotary, Lions Club, etc.) for employees and also if the they can pay the Chamber of Commerece dues?
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Q#1 - May public funds be used to insure a private vehicle? Q#2 - May a non-profit be created to insure the private vehicles with public funds? Q#3 - May a public official purchase a vehicle at a public auction for their office? Q#4 - If the public official has a public vehicle, may they use it for their private business?
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May an elected police chief of a Lawrason Act municipality continue to expend funds and incur debt beyond the amounts budgeted? What avenue does the Municipality have to prevent the chief from expending beyond his budget?
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May a communications district purchase recognition awards for telecommunicators using public funds? If so, what are allowable amounts? R.S. 40:1510 specifically mentions fire departments and although the communication district dispatches for the parish fire departments it is not considered a part of their respective departments.
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Can we pay for an employee appreciation dinner out of public funds? All employees (300) would be invited and the city would pay for the dinner.
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Are there any Attorney General (AG) opinions which discuss severance pay?
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Can a governmental unit or quasi-public legally pay civic club dues (Rotary, Lions Club, etc.) for employees and also if they can pay the Chamber of Commerce dues?
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Can the town buy ice for citizens after the hurricane?
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May a municipal law enforcement agency or sheriff’s department purchase new law enforcement vehicles utilizing a national cooperative group without bidding out the purchase?
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Can the district purchase plaques for retiring employees?
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Is it permissible for the Parish Tax Assessor’s Office to provide food and drinks and free access to meeting space for a millage workshop training class presented by the LLA to the Assessor’s staff and other public tax officials?
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As regards Act 349 of the 2012 Regular Legislative Session - Can volunteer fire districts start spending money for meals, snacks, etc. and is this the latest expression of law?
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Q. #1 Can the city pay for health insurance for the elected city council members? Q. #2 Cell Phones- In general what are the requirements for cell phones where employees have been issued a city phone? Q. #3 The council members are considered public employees for this discussion – they do receive a w-2 reporting the amount the city pays them. The council members that participate are part of the health insurance plan of the city. Is this saying that we should be adding this to taxable wages on their w-2? Or is it stating if we have a home rule charter which we don’t we need to consider this as compensation only for that discussion? Q. #4 We don’t reimburse for cell phones owned by the employees of the city – but several of the employees have cell phones that we pay for. Are we supposed to be allocating any part of those bills to personal use?
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Can a Police Jury pick up food from a church (food bank) and distribute it to qualified “needy” individuals?
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Can they use Public Funds to promote and advertise the 2010 Census?
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The employees of the City Court are encouraged to wear a shirt, with the court logo embroidered on it, with matching pants. The shirt and pants are purchased by the employees. The employees are given a yearly uniform allowance to cover the cost of the clothes and for having them cleaned. The shirts and pants are the property of each employee. The uniform allowance is being reported as income on the employees' W-2. The amount of the yearly allowance can change from year to year based on the amount of interest earned on the Court's bank account.) Is there a maximum amount that can be paid to employees of the City Court as a clothing allowance?
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Could the town provide security for a festival?
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Are promotional expenses by the Sheriff’s office legal. i.e., junior marshal badges, orange Halloween vests for safety during Trick or Treat, some letter openers, pencils, etc?
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Can public funds be used to pay for the costs of membership dues for the rotary club and other civic and non-profit entities?
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The District has a 457 retirement plan where the employees make contributions and the District makes matching employer contributions each pay period. The contributions are transmitted to a financial company who acts as the 457 retirement plan's Third Party Administrator (TPA). The District recently discovered an error/omission by their accountant with these contributions in that although the accountant showed the contributions being made, he failed to verify the electronic transmission of the contributions to the TPA from February to October. In other words, the contributions remained in the District’s bank account and were not actually transmitted to the TPA. The total combined employee and District contributions for this period have now been transmitted to the TPA by the District; the accountant has been terminated; and a process is being put in place to verify electronic transmission of the contributions (and the TPA's receipt/acceptance of same). Additionally, based on advice from their attorney, the District hired a retirement advisor specialist to calculate the interest that those contributions should have earned, on a monthly basis. The retirement advisor specialist has not presented their calculations to the District yet, but they are scheduled to do so at the upcoming Board meeting. The plan, as discussed with the District’s attorney at the last Board meeting, is for the District to transmit that interest amount to the TPA now and then seek reimbursement of that amount from the accountant later, in order to mitigate the loss to this point in time. Is it okay for the District to use public funds to do this?
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Fire Department looking to find criteria for applying R.S. 40:1510 regarding the use of public funds for meals at meetings for firefighters. How it is applied?
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Can an elected council member (paid a salary by the Parish Government) use a building owned by the Government for a community program at no cost when current policy does not provide for uncompensated use, or is this considered a prohibited donation? If it is allowable, does a cooperative agreement have to be signed and also does there need to be documentation proving that the program provided a benefit to only residents of that Parish?
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May the library use public funds to provide coffee and pencils at a continuing education course for library trustees?
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Can a Public Defender’s Office (not covered by civil service) pay for a separating employee’s unused accrued annual leave?
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May a Parish Governing Authority bill a municipality for the amount of Parish Transportation Act (PTA) funds expended on the construction of a municipal road under the provisions of R.S. 48:753(A)(6)?
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Is a public entity required to follow the Public Bid Law when contracting for insurance?
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Can an assessor provide flu shots for his employees?
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Is a Fire Protection District authorized to purchase a fire truck off of an existing State contract without bidding out the purchase? Is it appropriate for the District to pre-pay 50% of the purchase price in return for a 1% discount? The District does not have an established date for receiving the vehicle and delivery of the vehicle is anticipated to be at least a year later.
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Can the Fire Department provide meals to its EMTs (these are firefighters) in recognition of EMT Appreciation Week? Doesn’t the law allow them to provide meals up to $25 per person?
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Water District wants to authorize a company to place communications equipment on towers and in buildings on the District’s property under a purported lease agreement. However the District would receive enhanced communications services in lieu of monetary lease payments. Is this legal?
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Can a District Attorney donate excess fund balance to a local non-profit that provides victim assistance program services in the region?
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Water District currently provides a contribution towards a retirement account for its employees as part of their compensation (they pay into social security). The District wants to instead put that money into a Christmas fund for a Christmas Club for the employees so that they can spend on themselves at Christmas for gifts and parties. Can they do this?
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Can a Village collect donations which would be used for Christmas lighting?
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What criteria should be met to enable the parish to assist a resident with the burial of livestock?
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Q.1. A Board for a fire district has adopted an incentive pay program. Is this permissible? Q.2. Agency has a policy of “Paid Time Out” (PTO) where employees earn comp time and can take this time as paid leave or as a lump sum payment without taking leave. Is the lump sum payment of PTO permissible? Q.3. Agency pays moving expenses for newly hired administrative employees. Is this permissible?
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May a public entity reimburse costs incurred by an employee for professional organizational dues or professional licensing renewal?
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Can the City pay for the Mayor and councilmen's wives' dinner at a convention that they are attending?
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Can a Board pay some firemen for back pay that their chief refused to pay several years ago?
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Does R.S. 40:1510 allow for the purchase of meals for firemen at a meeting at which retirees will be presented plaques?
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How much may be spent on meals for firemen during training?
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The City’s Sports Complex is creating a cornhole league this year. The City is inquiring as to whether they can give cash prizes to the league winners?
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Is there a legal requirement that a person collecting money required to be individually bonded? If so, where can I find this? Is the Parish tax collector required to be individually bonded?
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May the City Court transfer surplus court costs that have been segregated for paying the judges salaries into its general operating account?
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May a public entity purchase a vehicle off of State Contract or GSA list without need for bidding?
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Can the town pay for video microphones for police vehicles and then deduct the cost out of the salary like they did with guns?
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A Vendor offered to provide the Parish no more than $25 a person for all the employees to have a Xmas celebration. Can they do this?
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A Sheriff wants to give a “lump sum one time pay increase” or an extra vacation day as an incentive for employees of his office to get the COVID-19 vaccine. He believes this serves a legitimate public safety purpose in that it will help his office to be fully staffed, not out sick, which protects the public. Is such an incentive allowable?
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Can the hospital sponsor a radio show?
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The Police Jury purchases new culverts through the bid process (different sizes, lengths, etc.). The majority of new culverts are installed on Parish roads when old culverts must be replaced. However, the Jury also procures additional culverts for the sole purpose of selling them to private citizens for their private benefit. The culverts are sold at the Jury's bid cost plus $20 and no sales tax is being collected or remitted from the transaction. Is this legal or authorized?
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Can the District Attorney purchase Christmas cards from the general fund?
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The tourist commission used buses provided by the Council on Aging (COA) for a tourism event. The commission was originally verbally quoted a cost of $10/hour for a driver plus cost of gas. When the commission went to pay, the COA asked that they make a donation in lieu of the payment originally quoted. The council remanded a check to the COA for the originally quoted cost. Should the payment be classified as a donation or should it be considered payment for services rendered?
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Port has sent over one Million Dollars to the Parish as part of a Cooperative Endeavor Agreement (CEA) but there does not appear to be a written one. Is the transfer legal?
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Can a town sponsor a concert?
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The Board approved at a meeting for the Port Authority to sponsor a dinner for a cap of $2,500.00. Can the Port Authority use public funds to provide the dinner? The dinner will be prepared by a caterer. Last year the Port Authority donated $500.00 for the event, in which the Port Authority’s logo was included on T-shirts.
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Is the Mayor allowed to use a public vehicle and a public employee to move furniture from a private residence?
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If the Parish pays for an annual subscription fee for software used by the United Way, would this be considered a prohibited donation if there isn't a CEA signed and approved?
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What is the limit that can be spent on an award for a fireman?
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May a public entity set up an employee recognition program?
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City is receiving contributions from private citizens and businesses to the City of Sulphur for disaster relief.
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Which statutes address the general authority for municipalities, parishes, assessors, and clerks of courts to contribute to the insurance premiums for their employees’ dependents?
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Are there any prohibitions to an employee incentive program (monetary) for "wellness"?
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The District would like to start a tuition reimbursement program for employees of the District to get advanced degrees/professional development training. Is there any guidance in law for such a program?
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What are the Attorney General guidelines for the use of public library facilities for private community group meetings?
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What are the minimum surety bond requirements needed for employees who handle money?
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The library was approached by the sheriff and the superintendent of the Parish School Board seeking to have the library contribute a portion of its ad valorem tax to assist with funding the placement of law enforcement officers within the local schools. The property tax is dedicated for the operation and maintenance of the library system. Is it correct that the library is prohibited from expending any of its dedicated tax proceeds for the purpose other than those included in the procès-verbal, reflecting the purpose placed on the ballot and voted on by the public in approving the tax? If the library were to have any unrestricted funds, is there anything that would prevent the library from contributing its undedicated funds for this purpose?
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May the school reimburse the superintendent to attend an out-of-town athletic function (a playoff game)?
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Question No. 1 Could the Library Board enter into professional service contracts with professional readers and clowns who may come in and assist with the reading program? Question No. 2 Could the Library Board buy snacks for the kids? Question No. 3 Could the Library Board buy gifts for each child?
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Is the amount of twenty-five dollars allowed for meals and snacks for fire department training activities per training program, per emergency service, per meeting etc. or is it twenty-five dollars per person per year?
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Can the town purchase candy for the Christmas Parade ($1,000.00)?
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Is it uncommon or appropriate for state government people to send out emails such as making announcements of upcoming events and/or asking for contributions regarding nonprofit organizations (i.e. Breast cancer awareness)? Is this considered misappropriation of government property?
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What are the provisions for feeding and clothing prisoners on a work release program?
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Is it acceptable for a public agency to solicit donations from vendors to assist in covering the cost of a Christmas Party for the public agency employees?
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Can a pumping station be named after a living person?
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Is there a dollar limitation on the amount that a municipality may spend on advertising during a fiscal year?
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Can Fire Districts donate flowers for the funeral of a relative of a Board Member?
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Is it permissible for municipalities to use public funds to host meetings and event in order to meet and coordinate economic development with area industry and economic development entities?
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Can a town spend public funds for a festival?
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Can dedicated tax revenues be used for anything other than their dedicated purpose?
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The police jury and one of its component units wishes to buy a shot gun to raffle off to the public to raise funds for a project at the Veteran's Memorial Garden. Can they legally hold a raffle and purchase the gun as the prize with governmental funds?
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