§ 36:154 — Powers and duties of secretary of elderly affairs

§154. Powers and duties of secretary of elderly affairs
NOTE: See note below regarding effectiveness.
A. In addition to the functions, powers, and duties otherwise vested in the secretary
by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be
responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this
Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and
promulgate rules and regulations necessary for the administration of the functions of the
department, except as otherwise provided by this Title. The rules and policies of the Office
of Elderly Affairs in effect on the effective date of this Paragraph shall remain in effect as
rules of the Department of Elderly Affairs and such rules shall remain in effect subject to
their own provisions until changed as provided in this Paragraph.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the department, in the manner and to the extent provided
by this Title.
(5) Advise the governor on problems concerning the administration of the
department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the
officers within the department to cooperate with the federal government and with other state
and local agencies in matters of mutual concern and in the administration of federal funds
granted to the state or directly to the department or an office thereof to aid in the furtherance
of any function of the department and its offices. For this purpose he may take such actions,
in accordance with applicable state law, necessary to meet such federal standards as are
established for the administration and use of such federal funds, except as otherwise
specifically provided in this Title or by the constitution and laws of this state.
(7) Make and publish an annual report to the governor and the legislature concerning
the operations of the department and submit with each report such recommendations as he
deems necessary for the more effective internal structure and administration of the
department and make other reports and recommendations on his own initiative or upon
request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions
transferred to his department and submit a report thereon to the governor and the legislature,
which report shall accompany the budget request which he submits under provisions of R.S.
39:33. Such report shall include a statement of the goals of the department and of the
programs thereof and shall summarize the accomplishments of the department in meeting
such goals and implementing such programs. The report shall also contain a specific
statement of the reorganization and consolidation plan for the department for the next year
and shall include a report on the implementation of such reorganization and consolidation
plan for the previous year. The report concerning reorganization shall specifically detail the
extent to which the department has achieved goals stated the previous year with respect to
merger and consolidation of functions, abolition of agencies, elimination of job positions,
and efficiency and economy in delivery of services. The report shall contain any
recommendations with respect to reorganization which may require legislative action under
the provisions of this Title. A copy of the report and recommended legislation shall also be
submitted by the secretary to the presiding officer of both houses of the legislature. The
presiding officer shall refer the report to the appropriate committee having jurisdiction of the
subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature
no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of
submission to the legislature and which shows each staff position, whether filled or vacant,
that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the
organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in
electronic format and is further authorized, but is not required, to submit the report at the
time of submission of the annual report required by Paragraph (7) of this Subsection.
B. The secretary may:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for
the efficient administration of the executive office of the secretary and the performance of
its powers, duties, functions, and responsibilities and such other personnel, who are not
assigned to an office, as may be necessary for the efficient administration of the department,
and for the performance of the responsibilities, powers, duties, and functions of agencies
transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a
contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient
administration of the department and its programs.
(b) All of the provisions of Subparagraph (a) of this Paragraph shall be accomplished
in accordance with applicable civil service laws, rules, and regulations, and with policies and
rules of the Department of Elderly Affairs, and all shall be subject to budgetary control and
applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and
commissions necessary in the administration of the department, except as otherwise provided
by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments
for purposes consistent with the responsibilities and functions of the department, and take
such actions as are necessary to comply with conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to
employment and management.
(5) Do such other things not inconsistent with law as are necessary to perform
properly the functions vested in him.

Legislative History

Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B); Acts 2016, No. 557, §2.