LMR July 2023

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Attorney General’s Opinions Ad Valorem Taxes Opinion: 23-0052: Property owned by a religious organization must meet the requirements set forth in La. Const. art. VII, §21(B)(1)(a)(i) to be exempt from ad valorem taxation. Released: 6/7/2023 Cooperative Endeavor Agreements Opinion: 23-0063: The Lafourche Parish Government may enter into a cooperative endeavor agreement with either the Lafourche ARC Taxing District or the Lafourche ARC private non-profit corporation, separately or in combination, for a public purpose for use of tax proceeds received by the parish that comports with the language of the tax call. Released: 6/5/2023 Opinion: 23-0062: West Baton Rouge Parish Government and West Baton Rouge Parish Law Enforcement District may enter into a written CEA, for the purposes of constructing a road on property owned by the District in compliance with La. Const. arts.VI, § 20 and VII, §14(C). Furthermore, the agreement may provide for the donation and use of parish employees and equipment for the purposes of completing a road, provided the agreement complies with La. Const. art. VII, §14(B) and La. R.S. 33:4712.18. Released: 5/30/2023 CMAR Procurement Opinion: 23-0032: The provisions of the City of Mandeville’s home rule charter and the Louisiana Local Government Budget Act set forth the applicable budgetary requirements for capital improvements undertaken pursuant to the Construction Management at Risk project delivery method. Released: 5/26/2023 Dual Officeholding Opinion: 23-0033: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Caddo Parish Board of Election Supervisors from serving as the City of Shreveport Director of Council Affairs. Released: 5/25/2023 Opinion: 23-0022: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Aldermen of the Town of Lockport from serving as a member of the Board of Commissioners of the Lafourche Parish Hospital Service District No. 2. Released: 5/2/2023 Opinion: 23-0038: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Calcasieu Parish School Board from serving as the City of Westlake Public Works Director. Released: 4/24/2023 Bond Forfeiture Opinion: 23-0044: A court order is required for a clerk of court to cancel a judgment of forfeiture on an appearance bond. Released: 5/18/2023 Sign Ordinances Opinion: 23-0023: The advertisement in question would fall into the category of “political advertising by a candidate for public office.” It is unlikely that the ordinance withstands constitutional muster pursuant to provisions protecting Free Speech. Released: 5/9/2023 Magnet Fishing Opinion: 23-0042: Louisiana law enforcement may employ Jeff Landry, Attorney General La. R.S. 14:100.1 to both stop and cite people conducting magnet fishing when that activity is causing disruptions to traffic or a hazard to individuals on roads, waterways, or sidewalks. In addition, materials recovered by magnet fishermen from the navigable waters of the State belong to the State through the principle of accession. Thus, the use of these materials for private gain is akin to the appropriation of public resources in violation of the law. Finally, any materials recovered from the State’s navigable waterways of an archaeological nature must be acquired pursuant to a permit from the Louisiana Division of Archaeology. Released: 5/5/2023 Coroner Funding Opinion: 23-0040: Only a coroner, deputy coroner, or assistant coroner may issue a permit for cremation after the necessary investigation. Finally, coroners do not have the authority to seek compensation from families or funeral homes for issuing a permit for cremation. Released: 6/5/2023 Opinion: 23-0008: The St. Tammany Parish Coroner’s Office (“Coroner”) is not prohibited from collecting funds authorized by law, including but not limited to those set forth in La. R.S. 13:5722, unless the collection of those funds would be duplicative of funding provided for by La. R.S. 13:5726. The Coroner is prohibited from transferring funds to a nonprofit organization without making a determination that such a use of funds constitutes an authorized divestiture of public funds. Finally, no authorization exists for the St. Tammany Parish Government to collect an administrative fee from the proceeds of any La. R.S. 13:5722 amount collected on behalf of the Coroner. Released: 4/17/2023 Term Limits Opinion: 23-0021: The Board of Aldermen of the City of Ponchatoula has the power to submit for referendum vote a proposition to limit the terms of office of its elected officials pursuant to La. Const. art. VI, § 7(A), upon the passage of which it may establish term limits by ordinance. Released: 4/17/2023 Page 8 LMR | JULY 2023
2018 Roster Edition Official Publication of the LITACorp Selects Consultants, Begins Providing Technical Assistance The Louisiana Infrastructure Louisiana Technical Rural Assistance Water Association Corporation (LITACorp) has selected Franklin Associates and Hunt, Guillot and Associates (HGA) to lead its inaugural Technical Assistance Program (TAP). Through TAP, Franklin Associates and HGA will provide services that include, but are not limited to, &Bellemin strategic planning, project development, funding identifi- use in the following issues: LWR-R0018 cation, grant writing, grant administration and more, Date: at no-cost to Louisiana Artwork Contact: communities. Authorized Signature: “We are excited to partner with Franklin Associates and HGA to provide much needed services to Louisiana communities,” said Leslie Durham, LITACorp Executive Director. “Both organizations bring decades of experience and technical expertise that would otherwise be inaccessible to our state’s most rural and economically distressed communities. LITACorp is proud to be a part of the solution in helping unlock more federal dollars to strengthen Louisiana’s public infrastructure. ONSULTANTS Custom Water Treatment Programs Designed by Professionals Since 1990 POTAB ABLE WASTE WA ATER FAX: (225)654-9533 P. O. Bory, Ad Order # 1636839 Adv Code 179697 S. Rep: Jason Zawada (C) Corrosion Inhibition Iron & Manganese Control Enhanced Disinfection NSF Certified EPA Approved Chlorine dioxide for Stage 2 compliance assurance DBP reduction Sludge Dewatering Polymers Dechlorination Technical Support/Service Testing LITACorp is a collaborative Naylor, partnership LLC - Gainesville between the Louisiana Municipal Association 5950 (LMA) NW 1st Place and Police Jury Association of Louisiana Gainesville, (PJAL) Florida, and 32607 is financially supported Tel:(800) through 369-6220, the (352) $25 332-1252 million Political Subdivision Fax: (352) 331-3525 Federal Grant Assistance Fund which was passed by the Louisiana State Legislature in AD COPY 2022. “For years, we have listened to the challenges experienced by mayors and aldermen when attempting to access federal grant dollars,” said John Gallagher, LMA Executive Director. “We have created a unique model through LITACorp to meet our constituents where they are at by providing them with the capacity and expertise they need to compete for these funds and invest in their public infrastructure.” “We are experiencing historic levels of federal investment into public infrastructure as a result of the IIJA,” said Guy Cormier, PJAL Executive Director. “I appreciate the Louisiana State Legislature for providing the resources we needed to seed LITACorp so that we can position our communities to compete for these federal dollars through technical assistance and support with local match requirements.” Interested communities must submit a Letter of Interest (LOI) to LITACorp to be considered for technical assistance services. Beginning now, LITACorp will accept LOIs on a rolling basis. For more information about TAP and how to submit an LOI, visit the LITACorp website. For specific questions regarding the TAP Letter of Interest, email LOI@LITACorp.org. For general enquiries, email info@ LITACorp.org. LMR | JULY 2023 8/21/14 8:33 PM Page 9 707693_Thornton.indd 1
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