§ 36:784 — Powers and duties of the secretary

Louisiana § 36:784

• Jurisdiction: Louisiana
• Title 36: Organization of the Executive Branch of State Government

Text

§784. Powers and duties of the secretary
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) 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.
(4) Advise the governor on problems concerning the administration of the
department.
(5) Act as the sole agent of the state or, in necessary cases, appoint a designee 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 any 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.
(6) 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.
(7) 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 statement 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 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 houses.
(8)(a)(i) Establish and manage a Veterans' Honor Medal Program in order to
recognize and honor all Louisiana veterans. The secretary shall design or cause to be
designed a medal. A gold star shall be affixed and awarded to the next of kin of armed
forces personnel killed in action. A silver star shall be affixed and awarded to armed forces
personnel wounded in action.
(ii) Establish and manage a Civilian Honor Medal Program to recognize and honor
the following individuals:
(aa) Civilian state employees for commendable service or achievement to military
and veteran programs.
(bb) Civilians who have demonstrated important contributions and unwavering
commitment to the military and veteran communities of the state of Louisiana and our
country.
(cc) Individuals selected to receive a Civilian Honor Medal under the criteria
established by this Item shall be distinguished from veterans by having a white ribbon.
(b) Have the authority to form an advisory committee of interested persons, including
but not limited to the governor or his designee, the speaker of the Louisiana House of
Representatives or his designee, the president of the Louisiana Senate or his designee, the
adjutant general or his designee, the Louisiana secretary of veterans affairs or his designee,
and various veterans. This committee shall assist the secretary in the design of the medals
provided for in Subparagraph (a) of this Paragraph and accompanying certificates.
(c)(i) Determine eligibility for award of an Honor Medal provided for in this Section
based upon military records such as DD-214 discharge paper or a DD-201 service record.
(ii) Select a civilian recipient based on the sole discretion of the secretary. In order
to receive a Civilian Honor Medal, civilian recipients shall be residents of the state of
Louisiana, shall not have a criminal record, and shall be of good moral character.
(d) Create an application for the distribution of the Honor Medal and Civilian Honor
Medal in which the applicant may elect to receive a medal by one of the following methods:
(i) Delivery by the United States Postal Service.
(ii) Delivery to the Department of Veterans Affairs parish service office in the parish
where the veteran or civilian resides.
(iii) Delivery to the veteran or civilian by the governor or his designee in a ceremony
conducted by the Department of Veterans Affairs.
(e) Deliver each Honor Medal or Civilian Honor Medal pursuant to the method of
delivery selected by the veteran or civilian on the application in accordance with
Subparagraph (d) of this Paragraph.
(f) Deliver each Honor Medal to the applicant within forty-five days of receipt of the
application unless the veteran elects to receive the medal in a ceremony conducted by the
Department of Veterans Affairs.
(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 (6) of this Subsection.
B. The secretary shall have the authority to:
(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 above are to be accomplished in accordance with applicable civil
service laws, rules, and regulations, and with policies and rules of the Department of
Veterans Affairs, and all are 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) Do other such things, not inconsistent with law, as are necessary to perform
properly the functions vested in him.

Legislative History

Acts 2003, No. 1088, §1, eff. Jan. 12, 2004; Acts 2008, No. 695, §1; Acts 2011, No. 59, §1, eff. June 20, 2011; Acts 2016, No. 557, §2; Acts 2025, No. 197, §1.