#05-0021

City Court cannot equip, or fund the equipping, of City Police Department’s patrol units with cameras, radar and other equipment, even though the City Court would indirectly benefit financially thereby.  (Barham)

Op to Chief Drew David, Abbeville Police Department, Abbeville, LA

Date Released:  January 30, 2006

#05-0084
A civilian employee of the Harahan Police Department would fall under the Rules and Regulations of the Police Department and not the City of Harahan Rules and Procedures. (Rutledge)

Op to Mr. Peter L. Dale, Chief of Police, Harahan, LA

Date Released: August 18, 2005

#05-0099
The chief of police for the City of Harahan shall appoint and discharge police personnel, and a full-time employee of the police department is non-civil service, subject only to the control of the chief of police. (Rutledge)

Op to Mayor Paul D. Johnston, Harahan, LA

Date Released: August 18, 2005

#05-0130

The Levee police have the authority to enforce not only state laws, but also municipal laws within their jurisdiction.  If the Levee police are performing legal duties within their jurisdiction, pursuant to the statutes referenced, they have the authority to do so.  (Goods)

Op to Honorable Kenneth Odinet, Sr., State Representative, Arabi, LA

Date Released:  January 19, 2006

#05-0221

We conclude that the parish sheriff and the chief of police within a municipality share concurrent jurisdiction within the municipality regarding duties and obligations specified within this opinion.  Secondly, we conclude that the sheriff’s office is responsible for collecting fees though specific fees are allocated to different agencies and responsible for cost of incarceration since he is the chief legal officer of the parish.  Lastly, we conclude that the village may contract with the parish for the housing of those charged with municipal offenses.  (Hagood)

Op to Chief Lionel Bell, Village of Napoleonville, Napoleonville, LA

Date Released:  January 24, 2006

#05-0243
The criminal court fund monies authorized by R.S. 15:571.11(L) may be used to fund a local agency compensated enforcement detail where the chief of police, city judge, and prosecuting attorney agree to implement such a program. (Kilpatrick)

Op to Honorable Romeo J. Hargrove, III, Chief of Police, Ville Platte, LA

Date Released: August 18, 2005
 

#05-0252

It is the opinion of this office that all convicted sex offenders must comply with the registration and notification requirements of the Louisiana Megan’s Law.  (Hagood)

Op to Mr. Herman Ray Hill, State Representative, Dry Creek, LA

Date released:  October 5, 2005

#05-0320

When the chief of police selects one candidate to fill the vacancy of assistant chief of police, the ultimate decision to hire the candidate rests with the mayor and board (council).  Should the mayor and board deny the one candidate in the running, the chief is left with a vacant position until such time as other qualified applicants are recommended.  (Patterson)

Op to Honorable R. J. Loupe, Mayor Pro Tem, City of Port Allen, Port Allen, LA 

Date Released:  November 10, 2005

#05-0342

A mere increase in the rate of pay is not the same as a change in the provisions governing the Municipal Employees Civil Service.  An increase in the Pay Plan does not amount to a change in the provisions of the Municipal Employees Civil Service.   If assuming, for the sake of argument, that the increase does constitute a change in the provisions of the Municipal Employees Civil Service, Section 4-10 (E) abridges a legislative act (§ 11 of Act 557) and is therefore invalid.  (Matchett)

Op to Mr. William Joseph Cleveland, Esq., City Attorney, Zachary, LA

Date Released:  November 9, 2005

#05-0389

A chief of police can authorize his police officers to use city patrol cars to a security detail within the city limits on their off-duty time and can accept payment or reimbursement from a private organization for the use of the city’s patrol car by an off-duty police officer on a private security detail.  (Matchett)

Op to Honorable Brannon J. Decou, Chief of Police, Broussard, LA

Date Released:  December 12, 2005                

#05-0401

Whether or not the acts of police department employee are acts of insubordination is a question of fact left for review and resolution by the Mayor and Board of Aldermen.  (Kilpatrick)

Op to Mr. Gerald Minor, Chief of Police, Baldwin, LA 

Date Released:  January 26, 2006

#05-0422

The law does not prohibit one from holding the local elective office of councilman and employment as a police officer in a separate political subdivision.  The prohibition of law extends only to the holding of both positions in the same political subdivision.  (Kilpatrick)

Op to Mr. Gerald Minor, Chief of Police, Baldwin, LA

Date Released:  January 27, 2006

#05-0456

Firefighters’ Retirement System and Municipal Police Employees’ Retirement System do not fall under jurisdiction of Louisiana Property Assistance Agency.   (Grant)

Op to Mr. Edgar C. Jordan, Assistant Commissioner, D of A, Baton Rouge, LA

Date Released:  April 25, 2006

#06-0007

We conclude that initial police reports are available to victims of alleged juvenile crimes, but the Children’s Code privacy provisions supersede the public records doctrine with regard to non-victim complainants and the general public.  (Street)

Op to Honorable Lynette Y. Feucht, Judge, City Court of Eunice, Eunice, LA

Date Released: October 20, 2006

#06-0111

The chief of police, as the chief law enforcement officer, is in the best position to determine how to run his department efficiently and effectively.  As such, it is within the police chief’s authority, by virtue of LSA-R.S. 33:423 to increase an officer’s part-time hours.  (Patterson)

Op to Honorable Larry Merritt, Mayor, Town of Sibley, Sibley, LA

Date Released:  September 14, 2006

#06-0121

Municipal police employees should have been enrolled in Municipal Police Employee Retirement System instead of Municipal Employee Retirement System in certain circumstances.  (Pitman)

Op to Honorable Robert F. Zabbia, Mayor, City of Ponchatoula, Ponchatoula, LA

Date Released:  August 28, 2006

#06-0127

Louisiana does recognize the Law Enforcement Officers Safety Act of 2003 and the Law Enforcement Officers Safety Act of 2004.  Pursuant to both Acts, nonresident law enforcement officers are entitled to the same rights and privileges for carrying of a concealed handgun as a Louisiana resident law enforcement officer.  The restrictions and privileges placed on the rights of nonresident law enforcement officers to carry a concealed handgun in the State of Louisiana depend on whether the nonresident law enforcement officer is an active qualified law enforcement officer under 18 U.S.C. 926B or a retired qualified law enforcement officer under 18 U.S.C. 926C.  However, nonresident officers are subject to La. R.S. 40:1797, which prohibits law enforcement officers from carrying a firearm, whether concealed or not, into a Louisiana courtroom.  Moreover, the rights and privileges of a nonresident law enforcement officer to carry a concealed handgun in the State of Louisiana are greater than those of a Louisiana resident who has been issued a Louisiana concealed handgun permit.  (Hardee)

Op to Major Roy Naron, City of West Monroe, Police Department, West Monroe, LA

Date Released:  September 8, 2006

#06-0178

Municipal police officers cannot exercise authority outside of their specified territorial jurisdiction, which is the jurisdiction of their employment.  Municipal police officers can have a commission bestowed upon them by the chief law enforcement officer of a jurisdiction outside of their own specified territorial jurisdiction. The commission will allow the officer to exercise authority to the extent granted by the chief law enforcement officer of that jurisdiction.  Any law enforcement agency of a parish, municipality, or any other political entity can form agreements to act jointly for a specific purpose, and parties to such an agreement can provide for the joint use of personnel throughout affiliate political entities.  (Martinez)

Op to Honorable Austin Daniel, Sheriff, West Feliciana Parish, St. Francisville, LA

Date Released:  August 28, 2006

#06-0203

The Louisiana Constitution and the Louisiana Children’s Code expressly vest jurisdiction with city courts, unless a juvenile court has been created by law. No such court has been created in Calcasieu Parish. The only parishes for which the legislature has granted permission to create juvenile courts are Caddo, Orleans, Jefferson, and East Baton Rouge, as expressly evidenced by La. Ch. C. art. 302(1).  (Balfour)

Op to Honorable Charles Schrumpf, City Court of Sulphur, Sulphur, LA

Date Released:  October 20, 2006

#06-0212

A councilman for the City of Monroe is prohibited by state law and by the provisions of the municipal charter from holding employment as a police officer for the city.  (Kilpatrick)

Op to Mr. Oddist Lambrecht, Baton Rouge, LA

Date Released:  October 20, 2006