§ 36:404 — Powers and duties of secretary of public safety and corrections

§404. Powers and duties of secretary of public safety and corrections
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.
(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 any administrative or criminal
misconduct within state or local government agencies.
(6) Advise the governor on problems concerning the administration of the
department.
(7) Act as the sole agent of the state or, in necessary cases, designate one of the
offices within the department or its assistant secretary, 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.
(8) Make reports and recommendations on his own initiative or upon request by the
governor, the legislature, or any committee or member thereof.
(9) 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, consolidation of offices,
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 each house 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.
(10)(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 a report pursuant to Paragraph (8) of this Subsection.
B. The secretary shall have authority to:
(1) Except as otherwise specifically provided in R.S. 36:405, R.S. 36:406, R.S.
36:801, and R.S. 36:803:
(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for
the efficient administration of the executive office of the secretary and of each other office
of the department and for the performance of their respective 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.
(b) Employ, assign, and remove all personnel employed for the department on a
contractual basis.
(c) Transfer the personnel of the department as necessary for the efficient
administration of the department and its programs.
(d) All of the above shall be accomplished in accordance with applicable civil
service law, rules, and regulations, and with policies and rules of the Department of Public
Safety and Corrections, and all 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 any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to
employment and management.
(5) Exercise the powers, rights, authority, and status provided by law for Louisiana
state troopers.
(6) Do such other things, not inconsistent with law, as are necessary to perform
properly the functions vested in him.

Legislative History

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1986, No. 820, §1; Acts 1987, No. 736, §1; Acts 1991, No. 108, §1, eff. June 30, 1991; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.