LAWS AFFECTING
LOUISIANA GOVERNMENTS
LOUISIANA GFOA FALL CONFERENCE
JULY 2011
PRESENTED BY:
PAUL C. RIVERA, CPA
CHIEF FINANCIAL OFFICER
JEFFERSON PARISH SHERIFF’S OFFICE
1
OUTLINE OF COURSE
• Louisiana Compliance Questionnaire
– Sets forth statutes that must be adhered to
– This course will mirror the Questionnaire
• Public Bid Law
• Code of Ethics
• Laws Affecting Budgeting
• Accounting, Auditing, and Financial Reporting Laws
• Meetings
• Asset Management Laws
• Fiscal Agency and Cash Management Laws
• Debt Restriction Laws
• Revenue and Expenditure Restriction Laws
2
OUTLINE OF COURSE
• We will finish with an overview of some of the
criminal statutes that apply to all of us
• Booklet entitled “Laws Affecting Louisiana
Governments” used to be produced by
Legislative Auditor and LSCPA
– No longer produced
• Download booklet of statutes covered in this
class at
http://www.jpso.com/FinancialAdminist
ration/LAGFOA.aspx
3
LOUISIANA COMPLIANCE
QUESTIONNAIRE
• Lists out the various statutes that governments
must comply with
• Available at:
http://www.lla.la.gov/userfiles/file/cquesgv.pdf
• Used by auditors in testing compliance under a
Yellow Book audit – “safe-haven”
• There are many statutes that apply that are not
listed
• It is imperative that agency personnel are
familiar with those that apply
4
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2211 – Definitions
• LRS 38:2212 – Advertisement and Letting
to Lowest Responsible Bidder; Public
Work; Electronic Bidding
– LRS 38:2212 A.(1)(a) - All “Public Work”
exceeding “Contract Limit” (currently
$150,000) shall be advertised and let by
contract to “lowest responsible bidder”
– A.(1)(b)(i) - Requirements shall not be waived
by any entity
5
PUBLIC BID LAW
Public Works (Construction)
• A.(1)(b)(ii)(aa) Bid Form
– Available at:
http://www.lma.org/Docs/PDF/LAUniformPublicWor
ksBidForm.pdf
Designed to make it harder for entities to “nit-pick” bids in
order to disqualify bidders
• (bb) Other documentation and information required shall be
furnished by the low bidder within 10 days after the bid
opening
• (c)(i) Evidence of agency, corporate, or partnership authority
shall be required for submission of the bid (i.e., authorized rep
of bidder must sign)
6
PUBLIC BID LAW
Public Works (Construction)
• A.(1)(c)(ii) – Each bid shall be either hand
delivered by the bidder or his agent, in
which instance the deliverer shall be
handed a written receipt, or such bid shall
be sent by registered or certified mail with
a return receipt requested
– Does not apply to parochial or municipal
governments
– Cannot take bids on holidays
7
PUBLIC BID LAW
Public Works (Construction)
• (d) Contract Limit - $150,000
• (e) Public entities shall furnish all bidders
with at least one set of complete bid
documents
– May require deposits on the bid documents
– Deposits to be refunded within 10 days after
receipt of bids
8
PUBLIC BID LAW
Public Works (Construction)
• (f)(i) Contractors shall be provided the
option to submit bids for public contracts
through a uniform and secure electronic
interactive system
– Parishes <20,000 population are exempt
– Municipalities <10,000 population are exempt
– JPSO contracts with 3rd party vendor
– See: http://www.centralauctionhouse.com/
9
PUBLIC BID LAW
Public Works (Construction)
• (3) (a) Advertisement required for any
public works contract shall be published
once a week for three different weeks in a
newspaper in the locality
– First ad shall appear at least 25 days prior to
opening of bids
– Public Entity must also publish an
advertisement by electronic media available
to the general public
10
PUBLIC BID LAW
Public Works (Construction)
• (3)(b) First ad cannot appear on a Sat,
Sun, or legal holiday
• Plans and specs must be available on first
day of ad and up to 24 hours before bid
opening date
• (3)(c)(i) If designer’s estimate is more
than funds budgeted, the project shall not
be advertised for bid. Designer’s estimate
shall be read aloud upon opening bids.
11
PUBLIC BID LAW
Public Works (Construction)
• (3)(c)(ii) The bid form shall contain:
– Bid Security or Bid bond
– Acknowledgment of Addenda
– Base Bid
– Signature of Bidder
– Name, Title, and Address of Bidder
– Name of Firm or Joint Venture Corp
Resolution
– Louisiana Contractor’s License Number
12
PUBLIC BID LAW
Public Works (Construction)
• (3)(c)(ii) “Other documentation” required
shall be furnished by low bidder within 10
days after bid opening
• (3)(d)(i) When a design professional or
public entity mandates attendance at a
pre-bid conference, the date, place, and
time of the pre-bid conference shall be
stated in the first advertisement
13
PUBLIC BID LAW
Public Works (Construction)
• (3)(e) Any proposal shall not include more than
three (3) alternates.
– Alternates, if accepted, shall be accepted in the order
in which they are listed on the bid form
– Determination of low bidder shall be on the basis of
the sum of the base bid and any alternates accepted
– Public entity reserves the right to accept alternates in
any order which does not affect determination of the
low bidder
14
PUBLIC BID LAW
Public Works (Construction)
• (4) All public work contracts shall contain
provisions authorizing the issuance of change
orders within the scope of the contract
• (5) All change orders must be in writing
• (6) Any change order outside the scope of the
contract in excess of the contract limit shall be
let out for public bid
• (7) Change orders on public work shall be
negotiated in the best interest of the entity or let
out for public bid
15
PUBLIC BID LAW
Public Works (Construction)
• 38:2212 B. Contracts let by any public
entity for public works estimated to cost in
excess of the contract limit ($150,000)
shall be advertised and let by contract to
the lowest responsible bidder
• Public works estimated to cost less than
contract limit ($150,000) may be
undertaken by the public entity with its
own employees.
16
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 C.(1) Public Entity may, through
the issuance of an addendum, extend bid
period for up to thirty (30) days
• C.(2) If Public Entity issues an addendum on
public works project exceeding contract limit
($150,000) that modifies plans and specs within
7 days of bid opening, Public Entity must
transmit a copy of the addendum to all prime
bidders who have requested bid documents
– Must do within 24 hours
– May use fax, e-mail, or other electronic means or by
hand
17
PUBLIC BID LAW
Public Works (Construction)
• C.(2)(b) No addenda modifying plans or
specs within 72 hours prior to advertised
time to open the bids
18
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 D.(1)(a) This Section shall not
apply in cases of “public emergency” where
such emergency has been certified to by the
public entity and notice of such public
emergency shall, within 10 days, be published in
the official journal of the public entity
• (b)(i) This Section shall not apply in the event
that an “extreme” public emergency occurs
• (b)(ii) Parish president or mayor shall declare
that an extreme emergency exists and shall
cause declaration to be published in official
journal
19
PUBLIC BID LAW
Public Works (Construction)
• D.(2) Limitations
– Contracts must be supported by written
determination and findings justifying use
– When telephone or oral offers are taken, a
written confirmation of the accepted offer shall
be obtained and made part of the contract
• Including a description of the work to be performed
• Name and address of each offeror
• Performance time and terms of each offer
20
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 E. A publicly owned utility
may undertake a public works project,
other than construction of a building, for
the contract limit or less by:
– Entry into contracts with or without public bid
– Use of own employees
21
PUBLIC BID LAW
Public Works (Construction)
– LRS 38:2212 F.(1) When public entity desires
to purchase technical equipment, apparatus,
machinery, materials, or supplies of a certain
type and such purchases are clearly in the
public interest, the public entity may specify a
particular brand, make or manufacturer in the
specs let out for public bid
– (2) The specs shall state clearly that they are
used only to denote quality standard of
product desired and that equivalent
products will be acceptable
22
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 H. Under no circumstance
shall there be a division or separation of
any public work project into smaller
projects which division would have the
effect of avoiding the requirement that
public work be advertised and let by
contract to the lowest responsible bidder
23
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 J. If the public entity letting the
contract proposes to disqualify any bidder, on
grounds that such bidder is not a “responsible
bidder”, such public entity shall:
– Give written notice of the proposed disqualification to
such bidder and include reasons for disqualification
– Give such bidder the opportunity to be heard at an
informal hearing at which bidder is afforded the
opportunity to refute the reasons for the
disqualification
24
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 M. No public entity shall
enter into a contract for the purposes of
public works with a contractor who then
finances the project
25
PUBLIC BID LAW
Public Works (Construction)
• LRS 38:2212 O. Whenever evidence of
corporate authority is required for the
submission of a bid, such fact shall be contained
in the bid documents and such proof shall be
provided in accordance with this section. The
authority of the signature of the person
submitting the bid shall be deemed sufficient if
any of the following are met
– Signature of corporate officer listed on current annual
report filed with Secretary of State
– Signature is authorized by a Corporate Resolution
– Corporation has filed list of authorized signatures with
State or Clerk of Court
26
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.1 Advertisement and letting
to lowest responsible bidder, materials
and supplies
• LRS 38:2212.1 A.(1)(a) All purchases of
any materials and supplies exceeding
$30,000 to be paid out of public funds
shall be advertised and let by contract to
the lowest responsible bidder
27
PUBLIC BID LAW
Materials and Supplies
• A.(b) However, purchases of $10,000 or
more, but less than $30,000, shall be
made by obtaining not less than three (3)
telephone or facsimile quotations
– Written confirmation of the accepted offer
shall be obtained and made part of the file
– If lowest quote is rejects, reasons shall be
noted in file
28
PUBLIC BID LAW
Materials and Supplies
• A.(2)(a) Any purchase by a local govt of a
used or new motor vehicle for conversion
into a law enforcement vehicle, which
purchase cost does not exceed $20,000,
shall not be subject to the $ thresholds in
paragraph (1)
29
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212 B.(1) Advertisement
required by this Section for any contract
for materials and supplies, shall be
published two (2) times in a newspaper,
the first ad appearing at least 15 days
before the bid opening
– May also publish an ad by electronic media
available to the general public
30
PUBLIC BID LAW
Materials and Supplies
• B.(2) First publication of ad shall not occur on
Sat, Sun, or legal holiday
– Plans and specs must be available on first day of ad
up to 24 hours prior to bid opening
• B.(3) Any proposal shall include no more than
three (3) alternates
• B.(4)(a) Contractors shall be provided the
option to submit bids for public contracts through
a uniform and secure electronic interactive
system
31
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.1 C.(1) Wherever in
specifications the name of a certain
brand, make, manufacturer, or definite
spec is utilized, the specs shall clearly
state that they are used only to denote the
quality standard of product desired and
that equivalent products will be
acceptable
32
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.1 D. This Section shall not apply
to a public entity purchasing surplus materials
or supplies form another public entity or the
government of the United States or when the
particular transaction is governed by the
procurement code.
– State of Louisiana Surplus Property auctions are
held once a month. The auctions are held on the
SECOND Saturday of each month. Merchandise
auctioned off includes office equipment, medical
equipment, office furniture, boating equipment,
vehicles, and much more.
– See: http://doa.louisiana.gov/lpaa/auction.htm
33
PUBLIC BID LAW
Materials and Supplies
– Also see Federal Property Assistance:
• The primary function of the Federal Property
Assistance Program is to re-utilize property no
longer needed by the federal government by
making it available to Louisiana entities. This
surplus property may be used by all eligible
donees in public and private education, public and
private health facilities, cities, parish and state
governments, qualified 501 non-profit
organizations and qualified SBA 8a contractors
• See: http://doa.louisiana.gov/lfpaa/home.htm
34
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.1 E. Any public entity may
procure materials, supplies and equipment from
federal General Services Administration
(GSA) supply schedules in compliance with the
Federal Acquisitions Streamlining Act and with
rules and regulations adopted by the central
purchasing agency of the Division of
Administration
• LRS 38:2212.1 F. Any public entity may
purchase materials, supplies, and equipment
pursuant to the cooperative purchasing
provisions of LRS 39:1701 et seq.
35
PUBLIC BID LAW
Materials and Supplies
• LRS 39:1702 – Cooperative Purchasing
– State Contract
• http://doa.louisiana.gov/osp/contracts_index.htm
– Federal General Services Administration (GSA)
36
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.3 - Right to reject bids from
Communist countries
– Including but not limited to the Soviet Union, China,
North Korea, and Vietnam
– Award to next lowest bidder
• LRS 38:2212.7 - Limitations on consultants
competing for contracts
– Any person contracting with agency for developing
bid documents, requests for proposals, or other
solicitations shall be prohibited from bidding,
proposing or otherwise competing for award of that
procurement
37
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.8 – Prohibition of bids from
or contracts with unlicensed dealers
– A public entity shall not accept any bid from or
enter into any contract for the procurement of
vehicles, with a dealer who does not possess
a valid dealer’s license issued under LRS
32:1254
38
PUBLIC BID LAW
Materials and Supplies
• LRS 38:2212.10 – Verification of employees
involved in public contract work (Anti-illegal
alien)
– C. A private employer shall not bid on or contract with
a public entity for the physical performance of
services unless employer verifies in sworn affidavit
that:
• Employer is registered and participates in status verification
system to verify that all employees in Louisiana are legal
citizens
• Employer shall continue, during the term of the contract, to
utilize a status verification system to verify the legal status of
all new employees
• Employer will require subcontractors to do the same
39
PUBLIC BID LAW
Bid Requirements
• LRS 38:2214 – Designation of time and
place for opening bids; right to reject bids
– A. the public entity shall, in the advertisement
for bids, designate the time and place that
bids will be received and shall at that time and
place open the bids and read them aloud
• No holidays
40
PUBLIC BID LAW
Bid Requirements
• LRS 38:2214 B. – The public entity may reject
any or all bids for just cause. “Just cause” is
defined, but not limited to:
– Unavailability of funds sufficient for the construction of
the proposed project
– Failure of any bidder to submit a bid within an
established threshold of the pre-construction
estimates, as part of the bid specs
– A substantial change by the public entity in the scope
or design of the proposed public work
– A determination by public entity not to build within 12
months
– The disqualification of all bidders
41
PUBLIC BID LAW
Bid Requirements
• C. Bids containing obvious, unintentional, and
substantial mechanical, clerical, or mathematical
errors or errors of unintentional omission of a
substantial portion of work, labor, material or
services, may be withdrawn by the contractor, if
clear and convincing sworn, written evidence of
such errors is furnished within 48 hours of bid
opening
– Contractor who withdraws bid shall not be allowed to
resubmit a bid on this project or work as a sub to
another
42
PUBLIC BID LAW
Bid Requirements
• LRS 38:2215 – Time period for holding
bids, issuance of work orders to
commence
– A. State shall act within 30 calendar days of
such receipt to award said contract to lowest
responsible bidder or reject all bids
– Political Subdivisions shall act within 45 days
– May extend period by written mutual consent
of public entity and lowest responsible bidder
43
PUBLIC BID LAW
Bid Requirements
• C. Upon the execution of the contract, the
public entity, within 30 days thereafter,
shall issue to the contractor a notice to
proceed with the project.
– May extend period by written mutual consent
of public entity and lowest responsible bidder
44
PUBLIC BID LAWS
Contract and Bond Requirements
• LRS 38:2216 – Written Contract and Bond
– A.(1) When any bid is accepted for the construction
of any public works, a written contract shall be
entered into by the successful bidder and the public
entity
– The party to whom the contract is awarded shall
furnish good and solvent bond in an amount not
less than one-half of the amount of the contract,
for the faithful performance of his duties
45
PUBLIC BID LAWS
Contract and Bond Requirements
– B. When any bid is accepted for the
purchase of materials or supplies, a
written contract (i.e., purchase order) shall
be entered into by the successful bidder and
the public entity
– The party to whom the contract is awarded
shall furnish good and solvent bond in an
amount not less than one-half of the amount
of the contract, for the faithful performance of
his duties
46
PUBLIC BID LAWS
Contract and Bond Requirements
• LRS 38:2216 C.(2)(a) – “Responsible Bidder”
shall mean a contractor who:
– Has an established business
– Has demonstrated the capability to provide goods
and services in accordance with the terms of the
contract without excessive delays, extensions, cost
overruns, or changes for which the contractor was
held responsible
– Does not have a documented record of past
projects resulting in arbitration or litigation in which
the contractor was found to be at fault
47
PUBLIC BID LAWS
Contract and Bond Requirements
• C.(1)(b) A responsible bidder shall have a
negotiable net worth, or shall be
underwritten by an entity with a
negotiable net worth, which is equal to or
exceeds the value of the total cost amount
of the public contract. All property
comprising the negotiable net worth shall
be pledged and otherwise unencumbered
for the duration of the contract
48
PUBLIC BID LAWS
Contract and Bond Requirements
• LRS 38:2218 – Evidence of good faith;
countersigning
– A. The public entity advertising for bids for work shall
require the bidders to attach a certified check,
cashier’s check, or bid bond for not more than 5% of
the contract price, as evidence of good faith of the
bidder
– C. If a “Bid Bond” is used, it shall be written by a
surety or insurance company currently on the US
Dept of Treasury Financial Management Service list,
or by a Louisiana domiciled insurance company with
at least an A- rating in the latest AM Best’s Key Rating
Guide
49
PUBLIC BID LAWS
Contract and Bond Requirements
• LRS 38:2219 – Procurement of surety bonds and
insurance
– A.(1)(a) Any surety bond written for a public works project shall
be written by a surety or insurance company currently on the
U.S. Department of the Treasury Financial Management Service
list of approved bonding companies which is published annually
in the Federal Register, or by a Louisiana domiciled insurance
company with at least an A- rating in the latest printing of the
A.M. Best's Key Rating Guide to write individual bonds up to ten
percent of policyholders' surplus as shown in the A.M. Best's Key
Rating Guide, or by an insurance company that is either
domiciled in Louisiana or owned by Louisiana residents and is
licensed to write surety bonds.
– (c) In addition, any surety bond written for a public works project
shall be written by a surety or insurance company that is
currently licensed to do business in the state of Louisiana.
50
PUBLIC BID LAWS
Contract and Bond Requirements
• LRS 38:2221 – Cost-plus contracts
prohibited, except for public hospitals working
through qualified group purchasing organization
• LRS 38:2224 – A. Affidavit attesting that public
contract was not secured through employment
or payment of solicitor. B. No public contract
shall be granted to any person, corporation, firm
or organization refusing to execute the affidavit
required in Section A.
51
PUBLIC BID LAWS
Preferences and Design Build
• LRS 38:2225 – Preference in letting contracts for
public work
– Gives Louisiana resident contractors the same
preference percentages that might be offered by nonresident contractors
• LRS 38:2225.2 – Design-Build contracts
– Neither the state nor any local entity, unless
specifically authorized by law, may execute any
agreement for the purchase of unimproved property
which contains provisions related to the successful
design and construction of a project prior to the
transfer of title to the public entity
– Some exceptions added post-Katrina
52
PUBLIC BID LAWS
Small Business Procurement Act
• LRS 38:2233 – Part II-A. Small Business
Procurement Act
– Gives entities the authority to set-aside up to
10% of the value of anticipated procurement
of goods or services for small businesses,
minority-owned businesses, or women-owned
businesses
53
PUBLIC BID LAWS
Telecommunications and
Data Processing Procurement Law
• LRS 38:2234 – Part II-B. Political
Subdivisions Telecommunications and Data
Processing Procurement Law
• LRS 38:2235 – applicable to any political
subdivision of the state
• LRS 38:2236 – definitions
–
–
–
–
–
–
Electronic transmission facilities
Data transmission facilities
Voice transmission systems
Telephone systems
Related Services
Software
54
PUBLIC BID LAWS
Telecommunications and
Data Processing Procurement Law
• LRS 38:2237 – Methods of procurement
– A. A political subdivision may lease, rent, or
purchase telecommunications or data
processing systems, including equipment, and
related services, through a request for
proposal (RFP)
• (1) Specifications shall be prepared in advance
• (1) Specs shall designate specific classes of
equipment
• (1) Specs can include maintenance
55
PUBLIC BID LAWS
Telecommunications and
Data Processing Procurement Law
– (2) Lease-purchase contracts must meet
certain requirements
– (3) Any equipment lease-purchase contract
shall contain an annual appropriation
dependence requirement
– (6) Public notice of the RFP shall be given
at least 30 days prior to opening of
proposals. Written notice shall be sent out to
firms known to be in a position to furnish such
equipment or systems. Public notice may
also be given by electronic media.
56
PUBLIC BID LAWS
Telecommunications and
Data Processing Procurement Law
– (7) the RFP will indicate the relative
importance of price and other evaluation
factors
– (8) an award shall be made to the responsible
offerer whose proposal is determined in
writing by the governing authority of the
political subdivision to be the most
advantageous. No other basis of evaluation
shall be used except those set out in the
request for proposals
57
PUBLIC BID LAWS
Telecommunications and
Data Processing Procurement Law
– (9) the public entity may reject all proposals
– (10) the written proposal shall be incorporated
into the final contract consummated with that
vendor
– B. Political subdivisions may, at their option,
procure telecommunications and data
processing equipment, systems, or related
services in accordance with LRS 38:2211 (i.e.,
formal advertised bid)
58
PUBLIC BID LAWS
Other
• LRS 38:2238 – Political Subdivisions Used
Fire and Emergency Response Vehicle
Procurement Law
– Allows RFPs to procure equipment and vehicles
• LRS 38:2319 – Local Government Equipment
Lease-Purchase Act
–
–
–
–
Allows leases with nonprofit lessors
Must have non-appropriations clause
Must have purchase option not exceeding $1
Must have State Bond Commission approval
59
CODE OF ETHICS
• LRS 42:1101 – Declaration of Policy
– It is essential to the proper operation of democratic
government that elected officials and public employees be
independent and impartial; that governmental decisions and
policy be made in the proper channel of the governmental
structure; that public office and employment not be used for
private gain other than the remuneration provided by law; and
that there be public confidence in the integrity of
government. The attainment of one or more of these ends is
impaired when a conflict exists between the private interests of
an elected official or a public employee and his duties as
such. The public interest, therefore, requires that the law protect
against such conflicts of interest and that it establish appropriate
ethical standards with respect to the conduct of elected officials
and public employees without creating unnecessary barriers to
public service. It is the purpose of this Chapter to implement
these policies and objectives.
60
CODE OF ETHICS
• LRS 42:1102 – Definitions
– (2)(a)(vi) For public servants of political
subdivisions, it shall mean the agency in which the
public servant serves, except that for members of any
governing authority and for the elected or appointed
chief executive of a governmental entity, it shall mean
the governmental entity. Public servants of political
subdivisions shall include, but shall not be limited to,
elected officials and public employees of
municipalities, parishes, and other political
subdivisions; sheriffs and their employees; district
attorneys and their employees; coroners and their
employees; and clerks of court and their employees.
61
CODE OF ETHICS
– (18)(a) "Public employee" means anyone, whether
compensated or not, who is:
• (i) An administrative officer or official of a governmental
entity who is not filling an elective office.
• (ii) Appointed by any elected official when acting in an official
capacity, and the appointment is to a post or position wherein
the appointee is to serve the governmental entity or an
agency thereof, either as a member of an agency, or as an
employee thereof.
• (iii) Engaged in the performance of a governmental function.
• (iv) Under the supervision or authority of an elected official
or another employee of the governmental entity.
– (19) "Public servant" means a public employee or
an elected official.
62
CODE OF ETHICS
– (22)(a) "Thing of economic value" means
money or any other thing having economic
value, except promotional items having no
substantial resale value
63
CODE OF ETHICS
• LRS 42:1111 A.(1) Payments for services
to the governmental entity.
– No public servant shall receive anything of
economic value, other than compensation and
benefits from the governmental entity to which
he is duly entitled, for the performance of the
duties and responsibilities of his office or
position
64
CODE OF ETHICS
– C. Payments for nonpublic service.
• (1) No public servant shall receive any thing of
economic value for any service, the subject matter
of which:
– (a) Is devoted substantially to the responsibilities,
programs, or operations of the agency of the public
servant and in which the public servant has participated;
or
– (b) Draws substantially upon official data or ideas which
have not become part of the body of public information.
65
CODE OF ETHICS
• (2) No public servant and no legal entity in which the public
servant exercises control or owns an interest in excess of
twenty-five percent, shall receive any thing of economic
value for or in consideration of services rendered, or to be
rendered, to or for any person during his public service
unless such services are:
– (a) Bona fide and actually performed by the public servant or
by the entity;
– (b) Not within the course of his official duties;
– (c) Not prohibited by R.S. 42:1112 or by applicable laws or
regulations governing nonpublic employment for such public
servant; and
– (d) Neither performed for nor compensated by any person from
whom such public servant would be prohibited by R.S.
42:1115(A)(1) or (B) from receiving a gift.
66
CODE OF ETHICS
– D. Payments for future services.
• No public servant shall receive, directly or
indirectly, any thing of economic value during the
term of his public service in consideration of
personal services to be rendered to or for any
person subsequent to the term of such public
service; however, a public servant may enter into a
contract for prospective employment during the
term of his public service unless otherwise
prohibited by R.S. 42:1116.
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CODE OF ETHICS
– E. Payments for rendering assistance to
certain persons.
• (1) No public servant, and no legal entity of which
such public servant is an officer, director, trustee,
partner, or employee, or in which such public
servant has a substantial economic interest, shall
receive or agree to receive any thing of economic
value for assisting a person in a transaction, or in
an appearance in connection with a transaction,
with the agency of such public servant.
68
CODE OF ETHICS
• LRS 42:1112 Participation in certain
transactions involving the
governmental entity
– A. No public servant, except as provided in
R.S. 42:1120, shall participate in a transaction
in which he has a personal substantial
economic interest of which he may be
reasonably expected to know involving the
governmental entity.
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CODE OF ETHICS
– B. No public servant, except as provided in R.S. 42:1120, shall
participate in a transaction involving the governmental entity
in which, to his actual knowledge, any of the following persons
has a substantial economic interest:
• (1) Any member of his immediate family.
• (2) Any person in which he has a substantial economic interest
of which he may reasonably be expected to know.
• (3) Any person of which he is an officer, director, trustee, partner,
or employee.
• (4) Any person with whom he is negotiating or has an arrangement
concerning prospective employment.
• (5) Any person who is a party to an existing contract with such
public servant, or with any legal entity in which the public servant
exercises control or owns an interest in excess of twenty-five
percent
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CODE OF ETHICS
– C. Every public employee, excluding an
appointed member of any board or
commission, shall disqualify himself from
participating in a transaction involving the
governmental entity when a violation of this
Part would result. The procedures for such
disqualification shall be established by
regulations issued pursuant to R.S.
42:1134(A)(1).
71
CODE OF ETHICS
• LRS 42:1113. Prohibited contractual
arrangements
– A.(1)(a) No public servant, or member of
such a public servant's immediate family, or
legal entity in which he has a controlling
interest shall bid on or enter into any contract,
subcontract, or other transaction that is under
the supervision or jurisdiction of the agency of
such public servant.
72
CODE OF ETHICS
• LRS 42:1113.1. Gubernatorially declared emergencies
or disasters; prohibited personal use conversion and
prohibited preferences (post-Katrina rule)
– A. During a gubernatorially declared emergency or disaster, no
public servant shall convert property or resources of his
governmental entity or property or resources which have been
loaned to his governmental entity to or for his personal use.
– B. During a gubernatorially declared emergency or disaster, no
public servant shall offer, loan, or donate the property or
resources of his governmental entity or property or resources
which have been loaned to his governmental entity to or for the
use of members of his immediate family in a manner which is
preferential to members of his immediate family over members of
the general public.
73
CODE OF ETHICS
• LRS 42:1114. Financial disclosure
– A. Other than a legislator, each public servant and each member of
his immediate family who derives any thing of economic value, directly,
through any transaction involving the agency of such public servant or
who derives any thing of economic value of which he may be
reasonably expected to know through a person which (1) is regulated by
the agency of such public servant, or (2) has bid on or entered into or is
in any way financially interested in any contract, subcontract, or any
transaction under the supervision or jurisdiction of the agency of such
public servant shall disclose the following:
• (1) The amount of income or value of any thing of economic value
derived;
• (2) The nature of the business activity;
• (3) Name and address, and relationship to the public servant, if
applicable; and
• (4) The name and business address of the legal entity, if applicable.
74
CODE OF ETHICS
– C.(1) Other than a legislator, each elected official,
his spouse, and any business enterprise in which he
has a substantial economic interest, who derives
anything of economic value through a contract or
other subcontract from the state or any political
subdivision shall disclose the following:
• (a) The amount of income or value of anything of economic
value derived;
• (b) The nature of the business activity;
• (c) The name and address, and relationship to the elected
official, if applicable; and
• (d) The name and business address of the political
subdivision, if applicable.
75
CODE OF ETHICS
• LRS 42:1115. Gifts
– A. No public servant shall solicit or accept, directly or
indirectly, any thing of economic value as a gift or
gratuity from any person or from any officer, director,
agent, or employee of such person, if such public
servant knows or reasonably should know that such
person:
• (1) Has or is seeking to obtain contractual or other business
or financial relationships with the public servant's agency, or
• (2) Is seeking, for compensation, to influence the passage or
defeat of legislation by the public servant's agency.
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CODE OF ETHICS
– B. No public employee shall solicit or accept, directly
or indirectly, anything of economic value as a gift or
gratuity from any person or from any officer, director,
agent, or employee of such person, if such public
employee knows or reasonably should know that
such person:
• (1) Conducts operations or activities which are regulated by
the public employee's agency.
• (2) Has substantial economic interests which may be
substantially affected by the performance or nonperformance
of the public employee's official duty.
77
CODE OF ETHICS
• LRS 42:1115.1. Limitation on food, drink, and
refreshment
– A. No person from whom a public servant is
prohibited by R.S. 42:1111 or 1115(A) from receiving a
thing of economic value shall give to such a public
servant any food, drink, or refreshment the total
value of which exceeds fifty dollars for a single
event at which food, drink, or refreshment is
given. The total value of the food, drink, or
refreshment given to a public servant at any single
event shall not exceed fifty dollars regardless of the
number of persons subject to the provisions of this
Subsection giving food, drink, or refreshment to the
public servant at the single event.
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CODE OF ETHICS
– C. Beginning on July 1, 2009, and on July first of each year
thereafter, when there has been an increase in the unadjusted
Consumer Price Index (CPI-U)( Food and Beverage) as
published by the United States Department of Labor, Bureau of
Labor Statistics in January each year, the limit of fifty dollars for
food, drink or refreshments provided in Subsections A and B of
this Section shall be increased by the same percentage as the
percentage by which that price index is increased. The amount
of the increase shall be rounded off to the nearest dollar. The
food, drink, or refreshment limit shall be adjusted by the Board of
Ethics according to the Consumer Price Index (CPI-U)(Food and
Beverage) and adopted and promulgated as a rule or regulation
by the board in accordance with the provisions of R.S.
42:1134(A).
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CODE OF ETHICS
– D. For purposes of this Section, at an event
to which a group or organization of public
servants is invited and at which food, drink, or
refreshment is given, the value of the food,
drink, or refreshment provided to a public
servant shall be determined by dividing the
total cost of the food, drink, and refreshment
provided at the event by the total number of
persons invited, whether formally or
informally, and which is communicated in any
manner or form, to the event.
80
CODE OF ETHICS
• LRS 42:1116. Abuse of office
– A. No public servant shall use the authority
of his office or position, directly or indirectly, in
a manner intended to compel or coerce any
person or other public servant to provide
himself, any other public servant, or other
person with any thing of economic value.
81
CODE OF ETHICS
– B. No public servant shall use the authority of his
office or position, directly or indirectly, in a manner
intended to compel or coerce any person or other
public servant to engage in political activity. For the
purposes of this Subsection, "political activity"
means an effort to support or oppose the election of a
candidate for political office in an election. This
Subsection shall not be construed to limit that
authority authorized by law, statute, ordinance, or
legislative rule in carrying out official duties.
82
CODE OF ETHICS
• LRS 42:1119. Nepotism
– A. No member of the immediate family of an
agency head shall be employed in his agency.
– B.(1) No member of the immediate family of a
member of a governing authority or the chief
executive of a governmental entity shall be
employed by the governmental entity.
– (2) Notwithstanding the provisions of
Paragraph (1) of this Subsection:
• Long list of exceptions
83
CODE OF ETHICS
• LRS 42:1120. Recusal from voting
– If any elected official, in the discharge of a duty or
responsibility of his office or position, would be
required to vote on a matter which vote would be a
violation of R.S. 42:1112, he shall recuse himself
from voting. An elected official who recuses himself
from voting pursuant to this Section shall not be
prohibited from participating in discussion and
debate concerning the matter, provided that he
makes the disclosure of his conflict or potential
conflict a part of the record of his agency prior to his
participation in the discussion or debate and prior to
the vote that is the subject of discussion or debate.
84
CODE OF ETHICS
• LRS 42:1121. Assistance to certain persons
after termination of public service
– A.(1) No former agency head or elected official
shall, for a period of two years following the
termination of his public service as the head of such
agency or as an elected public official serving in such
agency, assist another person, for compensation, in a
transaction, or in an appearance in connection with a
transaction, involving that agency or render any
service on a contractual basis to or for such agency.
85
CODE OF ETHICS
– A.(2) No former member of a board or
commission shall, for a period of two years
following the termination of his public service on such
board or commission, contract with, be employed in
any capacity by, or be appointed to any position by
that board or commission.
86
CODE OF ETHICS
– B.(1) General rule for other public employees.
• No former public employee shall, for a period of two years
following the termination of his public employment, assist
another person, for compensation, in a transaction, or in an
appearance in connection with a transaction in which such
former public employee participated at any time during his
public employment and involving the governmental entity by
which he was formerly employed, or for a period of two years
following termination of his public employment, render, any
service which such former public employee had rendered to
the agency during the term of his public employment on a
contractual basis, regardless of the parties to the contract, to,
for, or on behalf of the agency with which he was formerly
employed.
87
LAWS AFFECTING BUDGETING
• LRS 39:1301 Louisiana Local Government
Budget Act
88
LAWS AFFECTING BUDGETING
• LRS 39:1302. Definitions. For the purposes of this
Chapter:
• (1) "Political subdivision" means any:
– (a) Parish governing authority and all districts, boards, or
commissions created by such parish governing authority either
independently or in conjunction with other units of government.
– (b) Municipality and all boards and commissions created by
such municipality, either independently or in conjunction with
other units of government.
– (c) School board.
– (d) Special district created pursuant to and under the authority of
Article VI, Section 16 or 19 of the Louisiana Constitution.
– (e) City court.
89
LAWS AFFECTING BUDGETING
–
–
–
–
(f) District public defender office.
(g) Housing authority.
(h) Mortgage authority.
(i) Political subdivisions of the state not included within the
state's Comprehensive Annual Financial Reports.
– (j) Registrar of voters.
– (k) Independently elected parish offices, including the office of
assessor, clerk of district court, coroner, district attorney, sheriff,
and judges, but only insofar as their judicial expense funds, as
provided for in Title 13 of the Louisiana Revised Statutes of
1950.
90
• LRS 39:1303. Legislative intent
– A. It is the intent of the legislature that this Chapter
shall apply, as provided for herein, to all political
subdivisions of the state with a general fund or a
special revenue fund, except that the provisions of
R.S. 39:1307 related to public participation shall
only apply to those political subdivisions with
proposed expenditures totaling five hundred
thousand dollars or more in such funds.
– The provisions of this Chapter shall be construed as
minimal requirements and shall not prevent a political
subdivision from requiring more extensive financial
planning and budgeting practices nor from imposing
more stringent penalties for violations.
91
LAWS AFFECTING BUDGETING
– B. Preparation and adoption of a budget by a
political subdivision in any manner contrary to the
provisions of this Chapter is hereby expressly
prohibited.
– D. The provisions of this Act shall apply to school
boards only if and when they do not conflict with
R.S. 17:88(A).
92
LAWS AFFECTING BUDGETING
• LRS 39:1304. Uniform chart of accounts
– A. The legislative auditor shall develop a uniform
chart of accounts for use by political subdivisions in
recording of all financial transactions. See:
http://www.lla.la.gov/userfiles/file/chart.pdf
– B. The legislative auditor is authorized to create
political subdivision categories for the purpose of
carrying out the provisions of this Section.
93
LAWS AFFECTING BUDGETING
• LRS 39:1305. Budget preparation
– A. Each political subdivision shall cause to
be prepared a comprehensive budget
presenting a complete financial plan for each
fiscal year for the general fund and each
special revenue fund.
– B. The chief executive or administrative
officer of the political subdivision or, in the
absence of such positions, the equivalent
thereof shall prepare the proposed budget.
94
LAWS AFFECTING BUDGETING
– C. The budget document setting forth the
proposed financial plan for the general fund
and each special revenue fund shall include
the following:
• (1) A budget message signed by the budget
preparer which shall include a summary
description of the proposed financial plan, policies,
and objectives, assumptions, budgetary basis, and
a discussion of the most important features.
95
LAWS AFFECTING BUDGETING
• (2)(a) A statement for the general fund and
each special revenue fund showing:
– the estimated fund balances at the beginning of the
year;
– estimates of all receipts and revenues to be received;
– revenues itemized by source;
– recommended expenditures itemized by agency,
department, function, and character;
– other financing sources and uses by source and use;
– and the estimated fund balance at the end of the fiscal
year.
96
LAWS AFFECTING BUDGETING
– Such statements shall also include a clearly
presented side-by-side detailed comparison of
such information for the current year, including
» the fund balances at the beginning of the
year,
» year-to-date actual receipts and revenues
received and
» estimates of all receipts and revenues to be
received the remainder of the year;
» estimated and actual revenues itemized by
source;
» year-to-date actual expenditures and
97
LAWS AFFECTING BUDGETING
» estimates of all expenditures to be made the
remainder of the year itemized by agency,
department, function, and character;
» other financing sources and uses by source
and use, both year-to-date actual and
estimates for the remainder of the year;
» the year-to-date actual and estimated fund
balances as of the end of the fiscal year;
» and the percentage change for each item of
information.
98
LAWS AFFECTING BUDGETING
• SAMPLE – JPSO BUDGET
99
LAWS AFFECTING BUDGETING
• (b) School boards shall itemize revenues and
expenditures in accordance with guidance
provided by the state Department of Education.
100
LAWS AFFECTING BUDGETING
– D. A budget proposed for consideration by the
governing authority shall be accompanied by a
proposed budget adoption instrument.
• The budget adoption instrument for independently elected
parish offices shall consist of a letter from the
independently elected official authorizing the implementation
of the adopted budget.
• The budget adoption instrument for any municipality,
parish, school board, or special district shall be an
appropriation ordinance, adoption resolution, or other
legal instrument necessary to adopt and implement the
budget document.
101
LAWS AFFECTING BUDGETING
• The adoption instrument shall define the authority
of the chief executive and administrative officers of
the political subdivision to make changes within
various budget classifications without approval
by the governing authority, as well as those powers
reserved solely to the governing authority.
– E. The total of proposed expenditures shall
not exceed the total of estimated funds
available for the ensuing fiscal year.
102
LAWS AFFECTING BUDGETING
• LRS 39:1306. Completion and submission of
the proposed budget
– A. The proposed budget for political subdivisions with
a governing authority including municipalities,
parishes, school boards, and special districts shall be
completed and submitted to the governing authority of
that political subdivision and made available for public
inspection as provided for in R.S. 39:1308 no later
than fifteen days prior to the beginning of each fiscal
year except that:
• (1) The proposed budget for a school board shall be
completed and submitted to the school board and made
available for such public inspection no later than fifteen days
prior to the date for budget adoption by school boards as
required in R.S. 17:88(A).
103
LAWS AFFECTING BUDGETING
• (2) The proposed budget for a parish shall be
completed and submitted to the parish governing
authority and made available for such public
inspection prior to the fifteenth day of the fiscal
year for which the budget is to be applicable.
104
LAWS AFFECTING BUDGETING
– B. The proposed budget for a registrar of
voters and independently elected parish
offices including the office of assessor,
clerk of district court, coroner, district
attorney, and sheriff shall be completed and
made available for public inspection as
provided for in R.S. 39:1308 no later than
fifteen days prior to the beginning of each
fiscal year.
105
LAWS AFFECTING BUDGETING
• LRS 39:1307. Public participation (only
if > $500,000 budget)
– A. Political subdivisions with total proposed
expenditures of five hundred thousand dollars
or more from the general fund and any special
revenue funds in a fiscal year or other similar
budgetary period shall afford the public an
opportunity to participate in the budgetary
process prior to adoption of the budget.
106
LAWS AFFECTING BUDGETING
– B. Upon completion of the proposed budget and, if
applicable, its submission to the governing authority,
the political subdivision shall cause to be published
a notice stating that the proposed budget is available
for public inspection.
– The notice shall also state that a public hearing on
the proposed budget shall be held with the date,
time, and place of the hearing specified in the
notice.
– The notice shall be published at least ten (10) days
prior to the date of the first public hearing. Where
applicable, publication shall be in the official journal of
the political subdivision.
107
LAWS AFFECTING BUDGETING
• JUNE 30 FISCAL YEAR – BUDGET
DATES FOR JPSO (SHERIFF)
– PUBLIC NOTICE/ADVERTISEMENT – MAY
25TH (must be at least 10 days prior to 1st
public hearing)
– PUBLIC INSPECTION – JUNE 10TH (must be
at least 15 days prior to 6/30)
– PUBLIC HEARING – JUNE 25TH (must be
completed prior to beginning of fiscal year)
108
LAWS AFFECTING BUDGETING
– C. No proposed budget shall be considered for
adoption or otherwise finalized until at least one
public hearing has been conducted on the
proposal. Nothing herein shall prohibit one or more
political subdivisions from conducting joint public
hearings.
– D. The political subdivision shall certify completion
of all action required by this Section by publishing a
notice in the same manner as is herein provided for
the notice of availability of the proposed budget and
public hearing.
109
LAWS AFFECTING BUDGETING
• LRS 1308. Inspection of the proposed budget
– A. The proposed budget of a political subdivision
shall be available for public inspection at the following
locations:
• (1) Municipalities: at the office of the mayor or municipal
governing authority.
• (2) School boards: at the school board office.
• (3) Special districts: at the office of the governing authority of
the special district.
• (4) All other political subdivisions: at the office of the
individual political subdivision.
• (5) In cases where the political subdivision is located within
the boundaries of more than one parish, the proposed budget
shall be available at the office of the parish governing
authority of each parish.
110
LAWS AFFECTING BUDGETING
• LRS 1309. Adoption
– A. All action necessary to adopt and otherwise
finalize and implement the budget for a fiscal year
shall be taken in open meeting and completed before
the end of the prior fiscal year except that:
• (1) All action necessary to adopt and otherwise finalize and
implement the proposed budget for a school board shall be
taken in open meeting and completed prior to the date for
budget adoption by school boards, as required by R.S.
17:88(A).
• (2) All action necessary to adopt and otherwise finalize and
implement the proposed budget for a parish shall be taken in
open meeting and completed prior to the thirtieth day of
the fiscal year for which the budget is to be applicable.
111
LAWS AFFECTING BUDGETING
– B. The adopted budget shall be balanced
with approved expenditures not exceeding the
total of estimated funds available.
– C. The adopted budget shall contain the
same information as that required for the
proposed budget according to R.S.
39:1305(C) for the proposed budget.
112
LAWS AFFECTING BUDGETING
– D. Upon adoption, certified copies of the
budget and adoption instrument shall be
transmitted to and retained by the chief
executive or administrative officer as
required by R.S. 39:1313.
113
LAWS AFFECTING BUDGETING
• LRS 1310. Amending the budget
– A. When the governing authority has
received notification pursuant to R.S. 39:1311,
or there has been a change in operations
upon which the original adopted budget was
developed,
• the governing authority shall adopt a budget
amendment in an open meeting to reflect such
change.
114
LAWS AFFECTING BUDGETING
- When an independently elected parish official
has received notification pursuant to R.S.
39:1311(A), or when there has been a change in
operations upon which the original adopted budget
was developed, the independently elected official
shall adopt a budget amendment and publish such
amendment in the official journal as described by
R.S. 39:1307(B).
- In no event shall a budget amendment be
adopted proposing expenditures which exceed
the total of estimated funds available for the
fiscal year.
115
LAWS AFFECTING BUDDGETING
• LRS 1311. Budgetary authority and
control
– A. The adopted budget and any duly
authorized adopted amendments shall form
the framework from which the chief executive
or administrative officers and members of the
governing authority of the political subdivision
shall monitor revenues and control
expenditures.
116
LAWS AFFECTING BUDGETING
– The chief executive or administrative officer for a political
subdivision subject to public participation as provided in R.S.
39:1307 shall advise the governing authority or independently
elected official in writing when:
• (1) Total revenue and other sources plus projected revenue and
other sources for the remainder of the year, within a fund, are failing
to meet total budgeted revenues and other sources by five percent
or more.
• (2) Total actual expenditures and other uses plus projected
expenditures and other uses for the remainder of the year, within a
fund, are exceeding the total budgeted expenditures and other uses
by five percent or more. fund balance
• (3) Actual beginning, within a fund, fails to meet estimated
beginning fund balance by five percent or more and fund balance
is being used to fund current year expenditures.
117
LAWS AFFECTING BUDGETING
– B. The written notification as required by this Section
as well as any responsive action taken by the
governing authority or independently elected official
shall be transmitted to and retained by the chief
executive or administrative officer. The written
notification as required by this Section and the
resulting budget amendment shall only be statutorily
required for a special revenue fund with anticipated
expenditures that equal or exceed five hundred
thousand dollars. Furthermore, only the written
notification of Paragraph (A)(2) of this Section shall
be required for special revenue funds whose
revenues are expenditure driven.
118
LAWS AFFECTING BUDGETING
– C. The adopted budget and any duly
authorized amendments required by this
Section shall constitute the authority of the
chief executive or administrative officers of the
political subdivision to incur liabilities and
authorize expenditures from the respective
budgeted funds during the fiscal year.
119
LAWS AFFECTING BUDGETING
• LRS 1312. Governing authority's failure to
make appropriation
– If, at the end of any fiscal year, the appropriations
necessary for the support of the political subdivision
for the ensuing fiscal year have not been made, then
fifty percent of the amounts appropriated in the
appropriation ordinance or resolution for the last
completed fiscal year shall be deemed reappropriated
for the several objects and purposes specified in such
appropriation ordinance or resolution.
120
LAWS AFFECTING BUDGETING
• LRS 1313. Budget filing
– The chief executive or administrative officer
shall retain and file certified copies of the
adopted budget, budget adoption instrument,
duly authorized budget amendments, and
copies of supporting schedules and
correspondence related to the budget at the
domicile of the governing authority.
121
LAWS AFFECTING BUDGETING
• LRS 1314. Emergencies
– Nothing shall prohibit the expenditure of funds
in cases of emergency. For purposes of this
Section, "an emergency" means an
unforeseen event bringing with it destruction
or injury of life or property or the imminent
threat of such destruction or injury.
122
LAWS AFFECTING BUDGETING
• LRS 1315. Violations
– A. Except as provided in R.S. 39:1314, any
public official or officer that violates, either
knowingly or intentionally, the provisions of
R.S. 39:1305(E), either through the adoption
of an original budget or through amendment
to a legally adopted budget, shall be a
violation of R.S. 14:134 (MALFEASANCE)
and shall be subject to the penalties
contained therein.
123
LAWS AFFECTING BUDGETING
• State Budgets
– LRS 39:34 – Executive Budget
– LRS 39:35 – Duties of Governor in Preparing
the Executive Budget
– LRS 39:36 – Contents and Format of
Executive Budget
– LRS 39:37 – Executive Budget to be Printed
and Distributed
– LRS 39:38 – Additional Proposals
124
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• LRS 24:515. Accounts of offices, boards, commissions,
agencies, and departments; records of general fixed
assets
– A. All auditees shall designate or provide an office for their
secretary, treasurer, or principal finance officer where their
books and records must be kept.
– All accounts of such public funds shall be kept in the form
prescribed by the legislative auditor and he shall have the
authority to install a system of accounting in any office which he
is authorized to examine and audit.
– Any failure of any auditee to furnish the legislative auditor with
any information requested shall be immediately reported to the
Legislative Audit Advisory Council which shall take such action
as it may deem proper.
125
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– (2) The records required to be maintained by
Paragraph (l) hereof for state government
shall be prepared on forms and conform to
procedures developed and established by the
division of administration in accordance
with the Administrative Procedure Act.
126
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• LRS 24:513. Powers and duties of legislative
auditor; audit reports as public records;
assistance and opinions of attorney general;
frequency of audits; subpoena power
– A.(1)(a) Subject to Paragraph (3) of this Subsection,
the legislative auditor shall have authority to compile
financial statements and to examine, audit, or review
the books and accounts of the state treasurer, all
public boards, commissions, agencies, departments,
political subdivisions of the state, public officials and
employees, public retirement systems enumerated in
R.S. 11:173(A), municipalities, and all other public or
quasi public agencies or bodies, hereinafter
collectively referred to as the "auditee".
127
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– The scope of the examinations may include financial
accountability, legal compliance and evaluations of the economy,
efficiency, and effectiveness of the auditee's programs or any
combination of the foregoing.
– In addition to the authority granted above, the legislative auditor
shall have access to and be permitted to examine all papers,
books, accounts, records, files, instruments, documents, films,
tapes, and any other forms of recordation of all auditees,
including but not limited to computers and recording devices,
and all software and hardware which hold data, is part of the
technical processes leading up to the retention of data, or is part
of the security system.
– This access shall not be prohibited by Paragraph (3) of this
Subsection.
128
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– (b) For the sole purpose of this Subsection, a
quasi public agency or body is defined as:
• (i) An organization, either not-for-profit or for profit,
created by the state of Louisiana or any political
subdivision or agency thereof, any special district
or authority, or unit of local government to perform
a public purpose.
• (ii) An organization, either not-for-profit or for
profit, that is a component unit of a governmental
reporting entity, as defined under generally
accepted accounting principles.
129
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• (iii) An organization, either not-for-profit or for profit, created
to perform a public purpose and having one or more of the
following characteristics:
– (aa) The governing body is elected by the general public.
– (bb) A majority of the governing body is appointed by or
authorized to be appointed by a governmental entity or
individual governmental official as a part of his official duties.
– (cc) The entity is the recipient of the proceeds of an ad
valorem tax or general sales tax levied specifically for its
operations.
– (dd) The entity is able to directly issue debt, the interest on
which is exempt from federal taxation.
– (ee) The entity can be dissolved unilaterally by a governmental
entity and its net assets assumed without compensation by that
governmental entity.
– (iv) Any not-for-profit organization that receives or expends any
local or state assistance in any fiscal year.
130
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– The financial statements of individual state
agencies, departments, boards, and
commissions that are included within the
state's Comprehensive Annual Financial
Report shall be audited by the legislative
auditor, but may be audited by a licensed
certified public accountant pursuant to the
provisions of Subsection A of this Section.
131
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– The financial statements of the offices of the independently
elected public local officials, including: judges, sheriffs, clerks
of court, assessors, and district attorneys, all parish governing
authorities and all districts, boards, and commissions created by
parish governing authorities either independently or in
conjunction with other units of government, school boards,
district public defender offices, municipalities, and all boards and
commissions created by municipalities, either independently or
in conjunction with other units of government, city courts, quasipublic agencies, housing authorities, mortgage authorities, or
other political subdivisions of the state not included within the
state's Comprehensive Annual Financial Reports, hereinafter
collectively referred to as "local auditee", shall be audited or
reviewed by licensed certified public accountants subject to
Paragraphs (5) and (6) of this Subsection, but may be audited
by the legislative auditor pursuant to Paragraph (4) of this
Subsection.
132
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• Any person authorized to conduct an audit of a
governmental entity pursuant to R.S. 37:77, shall
be permitted to continue auditing that
governmental entity subject to the approval of
the legislative auditor provided for in Paragraphs
(5) and (6) of this Subsection.
• See Legislative Auditor Local Engagement
Approval Form:
http://204.196.254.19/llaengagementapprval.n
sf/engagementform1
133
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– (5)(a)(i) In lieu of examinations of the records and
accounts of any office subject to audit or review by
the legislative auditor, the legislative auditor may, at
his discretion, accept an audit or review report
prepared by a licensed certified public accountant,
provided that such audit or review is performed in
accordance with generally accepted governmental
auditing standards and the Louisiana Governmental
Audit Guide, which is to be jointly published by the
legislative auditor and the Society of Louisiana
Certified Public Accountant's Governmental
Accounting and Auditing Committee, and further
provided that the legislative auditor has approved the
engagement letter in accordance with this Section.
134
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– The Louisiana Governmental Audit Guide
is a standard for audits and reviews of
auditees within Louisiana and shall be
produced by the society and the legislative
auditor, with input from the Louisiana
Municipal Association, the Louisiana Police
Jury Association, the Louisiana School Board
Association, and any other interested
parties.
– See:
• http://www.lla.la.gov/userfiles/file/lagag2.pdf
135
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– Such audits shall be completed within six
months of the close of the entity's fiscal
year.
– Reviews shall be conducted in accordance
with the authoritative pronouncements issued
by the American Institute of Certified Public
Accountants and guidance provided in the
Louisiana Governmental Audit Guide.
136
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– For the limited purpose of providing the audits
and reviews as provided in this Subsection,
the certified public accountant shall have the
access and assistance privileges afforded the
legislative auditor in R.S. 24:513(E) and
(I). However, the certified public accountant
shall comply with any and all restrictions
imposed by law on documents, data, or
information deemed confidential by law and
furnished to the certified public accountant
during the course of the audit or review.
137
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• (ii) At any time after a disaster or emergency is
declared under the provisions of R.S. 29:724(B)(1)
which prevents an entity from completing its report
within the period prescribed in R.S. 24:513(A)(5)(i),
the entity may ask the legislative auditor in writing
for an extension of time to complete the
report. The legislative auditor may approve the
request at his discretion, subject to the approval of
the Legislative Audit Advisory Council.
• See:
http://app1.lla.state.la.us/ExtensionReq.nsf/Ext
ensionForm?OpenForm
138
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– B.(1) The accounts and records of each sheriff, in
his function as ex officio tax collector, shall be
audited in accordance with the provisions of this
Section not less than once every year. Upon
request, the tax collector shall provide the legislative
auditor with a sworn statement of the amounts of
cash on hand and taxes collected for the current year,
with an itemized statement of all taxes assessed and
uncollected. The statement shall indicate the reason
for his failure to collect.
• NEW REQUIREMENT BEING IMPLEMENTED BY LSA
139
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– J.(1) The audits enumerated in Subsection A of this
Section shall be conducted frequently enough to
control and safeguard the assets of the auditee as
follows:
• (a)(i) The financial statements of the state of Louisiana
shall be audited annually. The financial statements of
individual state agencies, departments, boards, and
commissions shall be audited at least once every two years,
to include the transactions of both years. However, the
financial statements of individual state agencies,
departments, boards, and commissions that compose a
material part of the state's financial statements, as
determined by the legislative auditor, shall be subjected to
audit tests annually.
140
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• (b) The accounts and financial statements of
parish tax collectors shall be audited annually.
141
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• (c) The financial statements of local auditees, as
defined in Paragraph A(3) of this Section, shall be
audited as follows:
– (i)(aa) Any local auditee who received revenues
» <$50,000 = no audit, certification required
» >$50,000 and < $200,000 = annual compilation of its
financial statements, with or without footnotes
» >$200,000 and <$500,000 = an annual review of its
financial statements to be accompanied by an
attestation report
» >$500,000 = audited annually.
142
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– K. Whoever violates the provisions of this
Section shall be fined not more than one
thousand dollars and shall be deemed
guilty of malfeasance and gross
misconduct in office, and shall be subject
to removal.
143
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– L. Notwithstanding the provisions of
Subsection B of this Section or of any other
provision of law to the contrary, a sheriff and
ex-officio tax collector shall have the
option of having the annual and biennial
audits of his office as provided in
Subparagraphs (J)(1)(b) and (c) of this
Section conducted either by the legislative
auditor or by a private certified public
accountant pursuant to the provisions of this
Section.
144
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– M.(1) In the performance of his duties the legislative
auditor, or any member of his staff designated by him,
may compel the production of public and private
books, documents, records, papers, films, tapes, and
electronic data processing media.
– For such purpose the legislative auditor and the
chairman of the Legislative Audit Advisory Council
may jointly issue a subpoena for the production of
documentary evidence to compel the production of
any books, documents, records, papers, films, tapes,
and electronic data processing media regarding any
transaction involving a governmental entity.
145
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• LRS 24:514. Sworn annual financial statements;
actuarial valuations; examinations
– A. The auditees and local auditees referred to in R.S. 24:513
shall furnish to the legislative auditor, annually, sworn annual
financial statements.
– B.(1) The annual sworn financial statements required under this
Section shall be prepared in accordance with generally accepted
accounting principles and include such disclosures required by
state and federal regulations, except as provided by Paragraphs
(2) and (3) of Subsection B of this Section. The statements
required by this Section shall include a recital that the financial
statements present fairly, in all material respects, the financial
condition and results of operations of the auditee; that the entity
has maintained a system of internal control structure sufficient to
safeguard assets and comply with laws and regulations; and that
the entity has complied with all laws and regulations, or shall
acknowledge exceptions thereto.
146
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– B.(3) The annual financial statements of the
state of Louisiana shall be prepared in
accordance with generally accepted
accounting principles.
147
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– C. No officer shall destroy any voucher or other
paper belonging to his office before it has been
examined by the legislative auditor or certified public
accountant authorized to perform an audit in lieu of
the legislative auditor.
– D. In addition to furnishing the annual sworn
statements under Subsection A of this Section, all
state, municipal, and parochial retirement
systems funded in whole or part out of public
funds shall furnish to the legislative auditor,
annually, actuarial valuations.
• Such actuarial valuations shall be submitted to the legislative
auditor between 1st and 120th day following the close of the
fiscal year of the retirement system.
148
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– E.(1) The annual sworn financial statements
required under Subsection A of this Section
shall be furnished to the legislative auditor
between the 1st and 90th day following the
close of the accounting year, provided that
individual state agencies shall file annual
financial statements within the time frame
prescribed by the commissioner of
administration.
149
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– F.(1) The annual sworn financial statements required
under the provisions of this Section shall not be filed
by the reporting agency if the agency has filed an
approved engagement agreement with the
legislative auditor within 60 days of the close of the
fiscal year to conduct an audit of its funds by a
certified public accountant, the legislative auditor
has approved the terms and conditions of the
engagement agreement as authorized by R.S.
24:513, and the engagement agreement includes the
period of the required report
150
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
• LRS 24:516. Reports
– A.(1) The legislative auditor shall file copies of all
audit reports released by his office with the governor,
the attorney general, and the office investigated.
– For purposes of public inspection, the legislative
auditor shall file copies of all audit reports prepared
by his office or accepted by the legislative auditor
pursuant to R.S. 24:513(A) and R.S. 46:1064(B) with
the clerk of court of the parish within which the office
investigated is domiciled.
– Such copies may be filed electronically; however, the
legislative auditor shall make actual paper copies of
such reports available to any of these officials upon
their request.
151
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– A.(2) All such reports shall call attention to
those matters required by governmental
auditing standards, including reportable
conditions, failure to comply with laws and
regulations, and such additional matters
that may be included in a management
letter.
– Reports shall make specific
recommendations for future avoidance
together with management's response.
152
ACCOUNTING, AUDITING, AND
FINANCIAL REPORTING LAWS
– If the report discloses any alleged criminal
acts by any public officer or employee, the
legislative auditor shall furnish an additional
copy of the report to the district attorney of
the parish where the offense was committed.
153
MEETINGS
• LRS 42:11. Short title
– This Chapter shall be known and may be cited as the "Open
Meetings Law".
• LRS 42:12. Public policy for open meetings; liberal
construction
– A. It is essential to the maintenance of a democratic society that
public business be performed in an open and public manner and
that the citizens be advised of and aware of the performance of
public officials and the deliberations and decisions that go into
the making of public policy. Toward this end, the provisions of
this Chapter shall be construed liberally.
– B. Further, to advance this policy, all public bodies shall post a
copy of this Chapter.
154
MEETINGS
• LRS 42:13. Definitions
– A. For the purposes of this Chapter:
• (1) "Meeting" means the convening of a quorum
of a public body to deliberate or act on a matter
over which the public body has supervision,
control, jurisdiction, or advisory power. It shall
also mean the convening of a quorum of a public
body by the public body or by another public
official to receive information regarding a matter
over which the public body has supervision,
control, jurisdiction, or advisory power.
155
MEETINGS
– (2) "Public body" means village, town, and city
governing authorities; parish governing authorities;
school boards and boards of levee and port
commissioners; boards of publicly operated utilities;
planning, zoning, and airport commissions; and any
other state, parish, municipal, or special district
boards, commissions, or authorities, and those of any
political subdivision thereof, where such body
possesses policy making, advisory, or administrative
functions, including any committee or subcommittee
of any of these bodies enumerated in this paragraph.
156
MEETINGS
– (3) "Quorum" means a simple majority of the
total membership of a public body.
• B. The provisions of this Chapter shall
not apply to chance meetings or social
gatherings of members of a public body
at which there is no vote or other action
taken, including formal or informal polling
of the members.
157
MEETINGS
• LRS42:14. Meetings of public bodies to
be open to the public
– A. Every meeting of any public body shall
be open to the public unless closed
pursuant to R.S. 42:16, 17, or 18.
– B. Each public body shall be prohibited from
utilizing any manner of proxy voting
procedure, secret balloting, or any other
means to circumvent the intent of this
Chapter.
158
MEETINGS
– C. All votes made by members of a public
body shall be viva voce and shall be
recorded in the minutes, journal, or other
official, written proceedings of the body, which
shall be a public document.
159
MEETINGS
– D. Except school boards, which shall be
subject to R.S. 42:15, each public body
conducting a meeting which is subject to the
notice requirements of R.S. 42:19(A) shall
allow a public comment period at any point
in the meeting prior to action on an agenda
item upon which a vote is to be taken.
– The governing body may adopt reasonable
rules and restrictions regarding such
comment period (i.e., 3 minutes per issue)
160
MEETINGS
• LRS 42:15. School board meetings; public
comment
– A. Each school board subject to the provisions of this
Chapter, except Orleans, shall allow public
comment at any meeting of the school board prior
to taking any vote. The comment period shall be for
each agenda item and shall precede each agenda
item.
– C. For purposes of this Section, a comment period
for all comments at the beginning of a meeting
shall not suffice to meet the requirements of
Subsection A or Subsection B of this Section.
161
MEETINGS
• LRS 42:16. Executive Sessions
– A public body may hold executive sessions upon an
affirmative vote, taken at an open meeting for which
notice has been given pursuant to R.S. 42:19, of twothirds of its constituent members present.
– An executive session shall be limited to matters
allowed to be exempted from discussion at open
meetings by R.S. 42:17; however, no final or binding
action shall be taken during an executive session.
– The vote of each member on the question of holding
such an executive session and the reason for holding
such an executive session shall be recorded and
entered into the minutes of the meeting
162
MEETINGS
• LRS 42:17. Exceptions to open meetings
– A. A public body may hold an executive session
pursuant to R.S. 42:16 for one or more of the
following reasons:
• (1) Discussion of the character, professional competence,
or physical or mental health of a person, provided that
such person is notified in writing at least twenty-four hours
before the meeting and that such person may require that
such discussion be held at an open meeting.
• (2) Strategy sessions or negotiations with respect to
collective bargaining, prospective litigation after formal
written demand, or litigation when an open meeting would
have a detrimental effect on the bargaining or litigating
position of the public body.
• (3) Discussion regarding the report, development, or course
of action regarding security personnel, plans, or devices.
163
MEETINGS
• (4) Investigative proceedings regarding
allegations of misconduct.
• (5) Cases of extraordinary emergency, which
shall be limited to natural disaster, threat of
epidemic, civil disturbances, suppression of
insurrections, the repelling of invasions, or other
matters of similar magnitude.
• (7) Discussions between a city or parish school board and
individual students or the parents or tutors of such
students, or both, who are within the jurisdiction of the
respective school system, regarding problems of such
students or their parents or tutors; provided however that any
such parent, tutor, or student may require that such
discussions be held in an open meeting.
164
MEETINGS
• (8) Presentations and discussions at meetings of civil
service boards of test questions, answers, and papers
produced and exhibited by the office of the state examiner,
municipal fire and police civil service, pursuant to R.S.
33:2492 or 2552.
• (9) The portion of any meeting of the Second Injury Board
during which records or matters regarding the settlement of a
workers' compensation claim are required to be
considered or discussed by the board with its staff in order to
grant prior written approval as required by R.S.
23:1378(A)(8).
• (10) Or any other matters now provided for or as may be
provided for by the legislature.
165
MEETINGS
– C. The provisions of this Chapter shall not
prohibit the removal of any person or persons
who willfully disrupt a meeting to the extent
that orderly conduct of the meeting is
seriously compromised.
166
MEETINGS
• LRS 42:19. Notice of meetings
– A.(1)(a) All public bodies, except the legislature and
its committees and subcommittees, shall give
written public notice of their regular meetings, if
established by law, resolution, or ordinance, at
the beginning of each calendar year. Such notice
shall include the dates, times, and places of such
meetings.
– (b)(i) All public bodies, except the legislature and its
committees and subcommittees, shall give written
public notice of any regular, special, or rescheduled
meeting no later than 24 hours before the meeting.
167
MEETINGS
– (b)(ii) Such notice shall include the agenda, date, time, and
place of the meeting, provided that upon unanimous approval
of the members present at a meeting of a public body, the public
body may take up a matter not on the agenda.
– Any such matter shall be identified in the motion to take up the
matter not on the agenda with reasonable specificity, including
the purpose for the addition to the agenda, and entered into the
minutes of the meeting.
– Prior to any vote on the motion to take up a matter not on the
agenda by the public body, there shall be an opportunity for
public comment on any such motion in accordance with R.S.
42:14 or 15.
– The public body shall not use its authority to take up a matter not
on the agenda as a subterfuge to defeat the purposes of this
Chapter.
168
MEETINGS
• LRS 42:20. Written minutes
– A. All public bodies shall keep written minutes of all
of their open meetings.
– The minutes of all other public bodies shall include
but need not be limited to:
• (1) The date, time, and place of the meeting.
• (2) The members of the public body recorded as either
present or absent.
• (3) The substance of all matters decided, and, at the
request of any member, a record, by individual member, of
any votes taken.
• (4) Any other information that the public body requests be
included or reflected in the minutes.
169
MEETINGS
– B. The minutes shall be public records and
shall be available within a reasonable time
after the meeting, except where such
disclosures would be inconsistent with R.S.
42:16, 17, and 18, or rules adopted under the
provisions of R.S. 42:21.
170
ASSET MANAGEMENT LAWS
• LRS24:515 B.(1) The head of every auditee subject to
examination and audit under the provisions of R.S.
24:513(A) shall maintain records of all land,
buildings, improvements other than buildings,
equipment, and any other general fixed assets which
were purchased or otherwise acquired, and for which
such entity is accountable.
• The records shall include information as to the date of
purchase of such property or equipment, the initial
cost, the disposition, if any, the purpose of such
disposition, and the recipient of the property or
equipment disposed of.
171
ASSET MANAGEMENT LAWS
• When ascertaining the exact cost, exact selling price, or
any other relevant information on property or equipment
obtained prior to January 1, 1980, creates a hardship on
the auditee, such agency may provide estimates of the
information.
• The records shall be made available to the legislative
auditor or, when the audit is conducted by a certified
public accountant, the certified public accountant, at the
time of examination and audit of the auditee, or any such
time as the legislative auditor or certified public
accountant requests the copies of such records be
furnished.
• The records shall not include office supplies.
172
ASSET MANAGEMENT LAWS
• State Government
– LRS 39:321 – Definitions
– LRS 322. Appointment of property managers
– LRS 323. Marking of property
– LRS 324. Inventory of property
– LRS 325. Inventory reports; head of agency
to furnish information
– LRS 326. Regulations of commissioner
governing inventories, inventory reports, other
records; sanctions for noncompliance
173
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1211 – Local Depositories Defined
– The term, "local depositing authorities",
includes all parishes, municipalities, boards,
commissions, sheriffs and tax collectors,
judges, clerks of court, and any other public
bodies or officers of any parish, municipality
or township, but it does not include the state
and its elected officials, and state
commissions, boards, and other state
agencies.
174
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1212. Daily deposits
– After the expiration of existing contracts, all funds of
local depositing authorities shall be deposited
daily whenever practicable, in the fiscal agency
provided for, upon the terms and conditions, and in
the manner set forth in this Chapter.
– Deposits shall be made in the name of the
depositing authority authorized by law to have
custody and control over the disbursements.
175
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1213. Fiscal agencies designated
– The fiscal agency with which funds are
deposited shall be a stock-owned federally
insured depository institution organized under
the laws of this state or of any other state of
the United States, or under the laws of the
United States, as may be selected by the
depositing authority under the provisions of
this Chapter.
176
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1214. Bids to be invited
– A. Local depositing authorities shall, within 30
days prior to the expiration of any contract
that may be entered into under this Chapter,
give written notice to each of the banks
located in any parish which embraces all or
any portion of the political subdivision in which
the depositing authority is domiciled and for
which it acts, setting forth the intention of the
depositing authority to select a fiscal agency.
177
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– This notice shall specify the time for which
the fiscal agency contract shall be made
and the conditions and terms of the fiscal
agency contract proposed; and it shall invite
bids under the terms and conditions of the
proposal.
– A copy of the notice shall be published in
the official journal of the depositing authority
at least 3 times, the first notice to be
published at least 15 days preceding the date
for the selection of the fiscal agency.
178
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1215. Depositing authorities located in
parishes or municipalities of over one hundred
thousand; private contract with banks
– A. If any local depositing authority, located in whole
or in part in any parish or municipality with a
population of over one hundred thousand, is unable to
arrive at a satisfactory fiscal agency contract with a
bank located in this state, it may consummate a
private contract for deposits or loans or both, either
within or without this state, subject to certain
provisions
179
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1216. Depositing authorities located in
parishes or municipalities of over one hundred
thousand; supplemental private contracts with
banks
– If a local depositing authority, located in whole or in
part in a parish or municipality having a population of
over one hundred thousand finds existing contracts,
or any subsequent contracts, inadequate to meet its
needs and requirements, it may enter into such a
supplemental contract with any bank within or without
the state as is deemed necessary best to meet its
needs and requirements; provided, that all of the
provisions of this Chapter, with respect to security for
deposits and other requirements are complied with.
180
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1218. Fiscal agent banks and private
contract banks; security and service
– Any bank selected as the fiscal agency of any
depositing authority, or any bank with whom a private
contract is entered into, whether the bank is within or
without the state, shall give security for the
safekeeping and payment of the deposits and shall
perform other services for the depositing authority as
and in the manner provided elsewhere in this
Chapter.
181
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1220.1. Local depositing authorities; activity
charges
– all fiscal agent or depository banks shall pay at par and receive
on deposit at par all checks and drafts drawn by or
deposited for the account of the local depositing authority
on whatsoever points the checks may be drawn, except as
otherwise agreed upon by the parties.
– The local depositing authority may elect to pay for services
rendered by the bank either through compensating balances or
through the assessment of service or activity charges, or any
combination thereof, as may be agreed upon by the local
depositing authority and the fiscal agent or depositing bank.
182
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1221. Local depositing authorities shall
require as security for deposits:
– (1) Bonds or other interest-bearing securities of
the United States, or any agency thereof,
including but not limited to the Federal National
Mortgage Association,
– or bonds or other interest-bearing obligations
guaranteed fully or partially as to principal and
interest by the United States, or by any agency
thereof;
– or bonds of any possession of the United States;
183
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– or unmatured bonds of this state, including both
direct and indirect obligations and also, including
bonds or other interest-bearing obligations, whether
supported by revenue or by the avails of taxes, of the
State of Louisiana or of any agency, board,
commission, department or division thereof or of any
agency, public corporation or authority created by or
recognized by the State of Louisiana;
– or unmatured bonds of any parish, municipality,
levee board, road district, school board or school
district of this state;
184
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– or bonds of any parish, municipality, industrial
district or industrial board which are secured by a
lease executed in accordance with the provisions of
Article XIV, Section 14, Paragraphs b.2 or b.3 of the
Constitution of the State of Louisiana for the year
1921 or R.S. 39:1001 et seq. or R.S. 51:1151 et seq.,
as amended, and partially or fully guaranteed by the
Louisiana Board of Commerce and Industry in
accordance with the provisions of the Bond Lease
Guarantee Act of the regular session of the Louisiana
Legislature of 1968.
185
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– (2) Certificates of indebtedness, including
paving certificates, of any subdivision of this
state referred to in Sub-section (1) of this
Section.
– (3) Promissory notes either of the
authority letting the deposits or of any other
authority referred to in Sub-section (1) of this
Section, which notes must be either
unmatured or payable on demand.
186
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– (4) Evidence of participation in such
promissory notes issued by any bank, trust
company, or recognized bank clearing house
association domiciled in this state,
– (5) Notes representing loans to students
which are guaranteed by the Louisiana Higher
Education Assistance Commission in
accordance with a contract agreement
between the lender and the commission
under the provisions of R.S. 17:3021 et seq.
187
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– (6) Deposit guaranty bonds underwritten and
guaranteed by an insurance company, licensed to do
business in this state, listed as an approved surety by
the United States Department of the Treasury, that
provide coverage for deposits of depositing
authorities in excess of the amounts insured by the
Federal Deposit Insurance Corporation or any other
governmental agency insuring bank or other financial
institution deposits that is organized under the laws of
the United States, and the form and content of which
are approved in advance by the state treasurer.
188
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 1222. Security of deposits; approval by
depositing authority
– Where any fiscal authority elects to deposit as
security any bonds, certificates of indebtedness,
paving certificates, promissory notes, evidence of
participation in promissory notes or other interestbearing securities or obligations, these securities shall
be approved by the depositing authority as being
eligible as security under the terms of this Part and as
being sufficient for the indemnity contemplated by this
Part.
189
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1223. Security for deposits; value
of securities
– shall be accepted as security at their market
value excluding accrued interest
190
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1224. Security for deposits; authorized
depositories
• The bonds, certificates of indebtedness, paving
certificates, promissory notes, evidence of
participation in promissory notes, and other
interest-bearing securities or obligations
furnished as security, shall be deposited with
the depositing authority or with an
unaffiliated bank or trust company or federal
reserve bank or any Federal Home Loan Bank
or its successor;
191
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– such security, shall be deemed to be under
the control and in the possession of the
depositing authority and deemed to be held
in its name by the depository bank, trust
company, federal reserve bank or Federal
Home Loan Bank or its successor.
192
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1225. Security for deposits;
amount of security
– The amount of the security shall at all times
be equal to one hundred percent of the
amount of collected funds on deposit to the
credit of each depositing authority except that
portion of the deposits insured by any
governmental agency insuring bank deposits
which is organized under the laws of the
United States (FDIC).
193
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 39:1226. Additional security; failure to
provide
– If the security required under the provisions of R.S.
39:1221, R.S. 39:1223, R.S. 39:1224, or R.S. 39:1225
is not furnished by a fiscal agency or depository bank,
the depositing authority may require such
additional or other security as shall bring the total
to the required amount.
– If any bank fails to comply, within five (5) business
days from receipt of demand for such additional
security, a meeting of the depositing authority may
forthwith convene and declare the contract cancelled.
194
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• LRS 2955. Investments by political subdivisions
– A.(1) All municipalities, parishes, school boards, and
any other political subdivisions of the state are hereby
authorized and directed to invest such monies in any
general fund or special fund of the political
subdivision, and any other funds under the control of
the political subdivision which they, in their discretion,
may determine to be available for investment in any
of the following obligations:
• (a) Direct United States Treasury obligations, the
principal and interest of which are fully guaranteed by
the government of the United States.
195
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (b)(i) Bonds, debentures, notes, or other evidence of
indebtedness issued or guaranteed by federal agencies
and provided such obligations are backed by the full
faith and credit of the United States of America, which
obligations include but are not limited to:
–
–
–
–
–
–
(aa) U.S. Export-Import Bank.
(bb) Farmers Home Administration.
(cc) Federal Financing Bank.
(dd) Federal Housing Administration Debentures.
(ee) General Services Administration.
(ff) Government National Mortgage Association - guaranteed
mortgage-backed bonds and guaranteed pass-through
obligations.
– (gg) U.S. Maritime Administration - guaranteed Title XI
financing.
– (hh) U.S. Department of Housing and Urban Development.
196
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (b)(ii) Bonds, debentures, notes, or other
evidence of indebtedness issued or guaranteed
by U.S. government instrumentalities, which are
federally sponsored, and such obligations include
but are not limited to:
–
–
–
–
–
(aa)
(bb)
(cc)
(dd)
(ee)
Federal Home Loan Bank System.
Federal Home Loan Mortgage Corporation.
Federal National Mortgage Association.
Student Loan Marketing Association.
Resolution Funding Corporation.
197
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (b)(iii) Notwithstanding the foregoing list of
investments, in no instance shall a political
subdivision invest in obligations described in Items
(i) and (ii) of this Subparagraph which are
collateralized mortgage obligations that have
been stripped into interest only or principal only
obligations, inverse floaters, or structured
notes. For the purposes of this Item "structured
notes" shall mean securities of U.S. government
agencies, instrumentalities, or governmentsponsored enterprises which have been
restructured, modified, and/or reissued by private
entities.
198
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (c) Direct security repurchase agreements of
any federal book entry only securities enumerated
in Subparagraphs (a) and (b).
• "Direct security repurchase agreement" means an
agreement under which the political subdivision
buys, holds for a specified time, and then sells
back those securities and obligations enumerated
in Subparagraphs (a) and (b).
199
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (d)(i) Time certificates of deposit of any bank
domiciled or having a branch office in the state
of Louisiana, savings accounts or shares of
savings and loan associations and savings banks,
as defined by R.S. 6:703(16) or (17), or share
accounts and share certificate accounts of
federally or state-chartered credit unions issuing
time certificates of deposit.
200
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (e) Mutual or trust fund institutions which are
registered with the Securities and Exchange
Commission under the Securities Act of 1933 and
the Investment Act of 1940, and which have
underlying investments consisting solely of
and limited to securities of the United States
government or its agencies.
201
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (f) Funds invested in accordance with the
provisions of R.S. 33:2955(A)(1)(d) shall not
exceed at any time the amount insured by the
Federal Deposit Insurance Corporation in any
one banking institution, or in any one savings
and loan association, or National Credit Union
Administration, unless the uninsured portion is
collateralized by the pledge of securities in the
manner provided in R.S. 39:1221.
202
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (g) Guaranteed investment contracts (GICs)
issued by a bank, financial institution, insurance
company, or other entity having one of the two
highest short-term rating categories of either
Standard & Poor's Corporation or Moody's
Investors Service
• (h) Investment grade (A-1/P-1) commercial
paper (CP) of domestic United States
corporations.
• (i) In a BIDCO, as authorized by R.S. 51:2395.1.
203
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (j) Bonds, debentures, notes, or other evidence of
indebtedness issued by the state of Louisiana or any of
its political subdivisions; however:
– (i) No political subdivision may purchase its own indebtedness.
– (ii) The indebtedness shall have a minimum investment grade
rating of Baa3 or higher by Moody's Investor Service, a rating of
BBB- or higher by the Standard and Poor Corporation or a
rating of BBB- or higher by Fitch, Inc. and have a final maturity
of no more than three years, except that such three year
limitation shall not apply to (aa) funds held by a trustee, escrow
agent, paying agent, or other third party custodian in
connection with a bond issue or (bb) investment of funds held
by either a hospital service district, a governmental 501(c)(3),
or a public trust authority.
204
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• (k) Bonds, debentures, notes, or other
indebtedness issued by a state of the United
States of America other than Louisiana or any
such state's political subdivisions provided that
certain conditions are met.
205
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– A.(2) Investment of funds in such mutual or trust fund
institutions shall be limited to twenty-five percent of
the monies considered available for investment as
provided by this Section.
– In no event shall monies be considered available for
investment under the authority of this Section unless
and until such funds are determined by the
treasurer or chief financial officer of said
subdivisions, in the exercise of prudent judgment,
to be in excess of the immediate cash
requirements of the fund to which the monies are
credited.
206
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– A.(3) Nothing in this Section shall be
construed as to abrogate, impair, or
supersede the ability of a subdivision from
combining monies from several funds in
order to invest such monies at a better rate of
return.
• “pooled cash” funds
207
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– B. The interest earned on bonds, notes or
certificates, time certificates of deposit, or
mutual or trust fund investments, so
purchased shall be credited by the respective
subdivision to the fund from which the bonds,
notes or certificates, time certificates of
deposit, or mutual or trust fund investments,
were acquired, or it may be applied to the
payment of the principal and interest of the
outstanding bonded indebtedness of the
respective subdivision.
208
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– C. At any time that may be deemed advisable
the subdivision may cash and liquidate any of
the investments authorized herein which are
purchased for any particular fund. The
proceeds of any such liquidation shall be
credited to the fund from which the authorized
investments were originally purchased.
209
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
– D. All political subdivisions of the state, as that
term is defined in Article VI, Section 44 of the
Constitution of Louisiana, shall develop and adopt
an investment policy that details and clarifies
investment objectives and the procedures and
constraints necessary to reach those objectives. All
such investment policies should:
• (1) Reflect the mandate to manage public funds
prudently.
• (2) Place appropriate emphasis on the goals of safety of
principal first, liquidity second, and yield third.
• (3) Establish internal controls for any derivatives in use to
ensure that the risks inherent in derivatives are adequately
managed.
210
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• E. After August 15, 1995 (California’s
Orange County crash), the investment
of monies by a municipality, parish,
school board, or other political subdivision
of the state in violation of the provision of
this Section shall constitute an
intentional performance of a duty in an
unlawful manner and may be prosecuted
pursuant to R.S. 14:134
(MALFEASANCE).
211
FISCAL AGENCY AND CASH
MANAMAGEMENT LAWS
• State Depository and Investment Laws
– LRS 49:319 to 49:327
• Special Provision – Deposits in Savings
and Loans is Allowed
– LRS 6:748
212
DEBT RESTRICTION LAWS
• Is it true that we have not incurred any
long-term indebtedness without the
approval of the State Bond Commission,
as provided by Article VII, Section 8 of the
Constitution, Article VI, Section 33 of the
Constitution, or LRS 39:1410.60 to
1410.65?
213
DEBT RESTRICTION LAWS
• Article 7 §8. State Bond Commission
– A) Creation. The State Bond Commission is
created.
– (B) Approval of Bonds. No bonds or other
obligations shall be issued or sold by the
state, directly or through any state board,
agency, or commission, or by any political
subdivision of the state, unless prior
written approval of the bond commission
is obtained.
214
DEBT RESTRICTION LAWS
• Article 6 §33. Political Subdivisions; General Obligation
Bonds
– (A) Authorization. Subject to approval by the State Bond
Commission or its successor, general obligation bonds may
be issued only after authorization by a majority of the
electors voting on the proposition at an election in the
political subdivision issuing the bonds.
– Bonds to refund outstanding indebtedness at the same or at a
lower effective rate of interest, even though payable solely from
ad valorem taxes, need not be authorized at an election if the
indebtedness refunded is paid or cancelled at the time of the
delivery of the refunding bonds, or if money, or securities made
eligible for such purpose by law, are deposited in escrow in an
adequate amount, with interest, to be utilized solely to retire the
refunded indebtedness or bonds and to pay interest thereon and
redemption premiums, if any, to the time of retirement.
215
DEBT RESTRICTION LAWS
– (B) Full Faith and Credit. The full faith and credit of
a political subdivision is hereby pledged to the
payment of general obligation bonds issued by it
under this constitution or the statute or proceedings
pursuant to which they are issued.
– The governing authority of the issuing political
subdivision shall levy and collect or cause to be levied
and collected on all taxable property in the political
subdivision ad valorem taxes sufficient to pay
principal and interest and redemption premiums, if
any, on such bonds as they mature.
216
DEBT RESTRICTION LAWS
• Article 6 § 34. Limitations on Bonded
Indebtedness
– The legislature by law shall fix the limitation
on bonded indebtedness payable solely from
ad valorem taxes levied by political
subdivisions.
217
DEBT RESTRICTION LAWS
• LRS 1410.60. Approval of application; incurring
indebtedness
– A. No parish, municipality, public board, political or public
corporation, subdivision, or taxing district, and no road or
subroad district, school district, sewerage district, drainage or
subdrainage district, levee district, waterworks or subwaterworks
district, irrigation district, road lighting district, harbor and
terminal district, or any other political subdivision, taxing district,
political or public corporation, created under or by the
constitution and laws of the state shall have authority to
borrow money, incur debt, or to issue bonds, or other
evidences of debt, or to levy taxes, or to pledge uncollected
taxes or revenues for the payment thereof, where they are
authorized by the constitution or laws of the state so to do,
without the consent and approval of the State Bond
Commission.
218
DEBT RESTRICTION LAWS
– B.(1) The provisions of this Section shall not
apply to purchases made in the ordinary
course of administration on terms of credit not
to exceed ninety days.
219
DEBT RESTRICTION LAWS
– C.(1) As used in this Section, the term "debt"
or "evidence of debt" shall not include a
lease of a movable or an installment
purchase agreement financing the purchase
of a movable if the lease or installment
purchase agreement contains a
nonappropriation clause, and does not
contain an anti-substitution or penalty
clause
220
DEBT RESTRICTION LAWS
• LRS 1410.61. Approval of application; special
fiscal elections
– Before incurring any debt, holding any election to
authorize the incurring of any debt or the levy of
any special tax, borrowing any money for any
purpose whatever, issuing any bonds or other
evidences whatever of debt, levying any tax or
pledging any tax or revenue or income for the
payment of any such bonds or debt, where they are
authorized so to do by the constitution and the laws of
this state, every such governmental agency of the
state of Louisiana named in R.S. 39:1410.60 shall
obtain the consent and approval of the
commission.
221
DEBT RESTRICTION LAWS
• LRS 1410.63. Penalties for violation
– A. Any contract, debt, obligation, bond, or other evidence of
indebtedness whatsoever, incurred or issued in violation of this
Part, and without the consent and approval of the commission
shall be null and void, and no court of this state shall have
jurisdiction to enforce the payment thereof, or of any suit or other
proceeding affecting or involving the same.
– B. Any person or any officer, agent, or employee of any
governmental agency named in R.S. 39:1410.60, who violates
this Part,, without the consent and approval, first hand and
obtained, of the commission, shall be fined not less than one
hundred dollars and not more than five hundred dollars, and
imprisoned for not more than six months.
222
DEBT RESTRICTION LAWS
• LRS 39:562. Limit of indebtedness
– A. For the purposes of this Section, "general obligation bonds"
and "bonded debt" mean bonds or bonded debt, as the case
may be, payable solely from ad valorem taxation imposed
pursuant to R.S. 39:569.
– B. No debt shall be incurred and general obligation bonds
issued therefor by any subdivision hereunder for any one of the
purposes herein provided which shall exceed in the aggregate
ten (10) percent of the assessed valuation of the taxable
property of such subdivision, including both (1) homestead
exempt property, which shall be included on the assessment roll
for the purposes of calculating debt limitation and (2) nonexempt
property
223
DEBT RESTRICTION LAWS
• LRS 39:563. Maximum duration; interest
– No bonds issued by any subdivision shall run for
a longer period than forty (40) years from the date
thereof, or bear a greater rate of interest than the
maximum authorized by Act No. 19 of the First
Extraordinary Session of the Legislature of Louisiana
for the year 1975, [R.S. 39:1421 to 39:1426], as the
same now exists or may be hereafter amended,
payable annually or semiannually, or be sold for less
than par.
– Such bonds shall become due and payable in annual
installments beginning not more than three (3) years
after the date of issuance.
224
DEBT RESTRICTION LAWS
• LRS 39:1365 – Provisions for Bond Acts
– Procuedures for State Issue bonds
225
REVENUE AND EXPENDITURE
RESTRICTION LAWS
• We have restricted the collections and
expenditures of revenues to those
amounts authorized by Louisiana statutes,
tax propositions, and budget ordinances
226
REVENUE AND EXPENDITURE
RESTRICTION LAWS
• It is true that we have not advanced wages
or salaries to employees or paid bonuses
in violation of Article VII, §14 or LRS
14:138 (Payroll Fraud)
• It is true that no property or things of value
have been loaned, pledged, or granted to
anyone in violation of Article VII, §14
227
REVENUE AND EXPENDITURE
RESTRICTION LAWS
• Donation, Loan, or Pledge of Public Credit
• Article VII, § 4.(A) Prohibited Uses.
– Except as otherwise provided by this
constitution, the funds, credit, property, or
things of value of the state or of any political
subdivision shall not be loaned, pledged, or
donated to or for any person, association,
or corporation, public or private.
228
REVENUE AND EXPENDITURE
RESTRICTION LAWS
– (C) Cooperative Endeavors. For a public
purpose, the state and its political
subdivisions or political corporations may
engage in cooperative endeavors with
each other, with the United States or its
agencies, or with any public or private
association, corporation, or individual.
229
REVENUE AND EXPENDITURE
RESTRICTION LAWS
– (E) Surplus Property. Nothing in this
Section shall prevent the donation or
exchange of movable surplus property
between or among political subdivisions
whose functions include public safety.
230
SELECTED CRIMINAL STATUTES
• LRS 14:67 – Theft
• LRS 14:68 – Unauthorized Use of a
Movable
• LRS 14:72 – Forgery
• LRS 14:118 – Public Bribery
• LRS 14:132 – Injuring Public Records
• LRS 14:133 – Filing or Maintaining False
Public Records
231
SELECTED CRIMINAL STATUTES
• LRS 14:134 – Malfeasance in Office
– §134 as amended by Acts 2010, No. 811, §1, eff. Aug.
15, 2011.
– C.(1) Whoever commits the crime of malfeasance in
office shall be imprisoned for not more than five
years with or without hard labor or shall be fined not
more than $5,000 dollars, or both.
– (2) In addition to the penalty provided for in
Paragraph (1) of this Subsection, a person convicted
of the provisions of this Section may be ordered to
pay restitution to the state if the state suffered a
loss as a result of the offense. Restitution shall
include the payment of legal interest at the rate
provided in R.S. 13:4202.
232
SELECTED CRIMINAL STATUTES
• LRS 14:135 – Public Salary Deduction
(Huey P. Long)
• LRS 14:138 – Public Payroll Fraud
• LRS 14:139 – Political Payroll Padding
• LRS 14:140 – Public Contract Fraud
233
SELECTED CRIMINAL STATUTES
• LRS 42:1461 – Public Property, Duties of
Officials
– A. Officials, whether elected or appointed and
whether compensated or not, and employees of any
"public entity", by the act of accepting such office or
employment assume a personal obligation not to
misappropriate, misapply, convert, misuse, or
otherwise wrongfully take any funds, property, or
other thing of value belonging to or under the
custody or control of the public entity in which they
hold office or are employed.
234
CONCLUSION/QUESTIONS
• Do not forget Attorney General Opinions
have been issued on many of these topics
• See:
http://www.ag.state.la.us/Opinions.aspx
235
CONCLUSION/QUESTIONS
• QUESTIONS????
• DOWNLOAD BOOKLET AT:
– http://www.jpso.com/FinancialAdmini
stration/LAGFOA.aspx
236