This text of Louisiana § 14:139.1 (Political payroll padding by sheriff; sale of assets of sheriff's office prohibited) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§139.1. Political payroll padding by sheriff; sale of assets of sheriff's office prohibited
A. During the six months preceding a gubernatorial election and during the time
interval between the gubernatorial election and the first day of July following election, it
shall be unlawful for any sheriff to do any of the following:
(1)Increase the number of deputies or employees in his office by more than five
percent over the average number of such employees for each of the first six months of the
twelve months preceding the election.
(2)Increase the payroll or other operating expenses of his office more than fifteen
percent over its average amount of such expenditures for each of the months of the first six
months of the twelve months preceding the election.
(3)Transfer title and ownership o
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§139.1. Political payroll padding by sheriff; sale of assets of sheriff's office prohibited
A. During the six months preceding a gubernatorial election and during the time
interval between the gubernatorial election and the first day of July following election, it
shall be unlawful for any sheriff to do any of the following:
(1) Increase the number of deputies or employees in his office by more than five
percent over the average number of such employees for each of the first six months of the
twelve months preceding the election.
(2) Increase the payroll or other operating expenses of his office more than fifteen
percent over its average amount of such expenditures for each of the months of the first six
months of the twelve months preceding the election.
(3) Transfer title and ownership of the capital assets of his office of a value in excess
of ten percent of the total value of assets as reflected in the current inventory filed in the
office of the sheriff under the provisions of R.S. 24:513, as of the date of the primary
election.
B. In determining whether any surplus or deficit exists in the office of any sheriff at
the expiration of a term of office, the current market value of the capital assets of the office
as set forth in the inventory filed in accordance with R.S. 24:513 shall be included in the total
assets of the sheriff's office.
C.(1) The provisions of this Section shall not apply when the increases or decreases
are necessitated by flood, invasion by common enemy, or other public emergency. In
addition, the provisions of this Section shall not apply to any increase based upon the
utilization of additional revenue from a tax district election or to an increase necessitated by
the completion of a new or expansion of an existing prison facility or an emergency
communications call or dispatch center.
(2)(a) The provisions of this Section shall not apply to an incumbent sheriff, against
whom no person has qualified to run, for any transfers or increases that occur after the date
the qualifying period closes for the gubernatorial election through the first day of July
following the election.
(b) The provisions of this Section shall not apply to an incumbent sheriff, who is
reelected to office, for any transfers or increases that occur after the date the official election
results are declared by the election official through the first day of July following the
election.
D. Whoever violates the provisions of Subsection A of this Section shall be
imprisoned, with or without hard labor, for not more than five years or shall be fined not
more than five thousand dollars, or both.