§ 39:1356 — Penalties

§1356. Penalties
A.(1) Any person who violates any provision of this Chapter shall be subject to an
action for recovery of any funds, property, or other thing of value lost as a result of, and any
other damages resulting from, such violation.
(2) Any person who knowingly and willfully participates in a violation of this
Chapter shall be subject to a civil penalty not to exceed one thousand dollars per violation.
The person shall be personally liable for the payment of such penalty.
B. In addition to the penalties provided for in this Chapter, any person who violates
any provision of this Chapter shall be ordered to pay restitution to any political subdivision
that suffers a loss as a result of the offense. Restitution shall include the payment of legal
interest at the rate provided in R.S. 13:4202.
C. In addition to the penalties provided in Subsections A and B of this Section, any
person who violates a provision of R.S. 39:1355 shall be fined not less than five hundred
dollars nor more than five thousand dollars, or imprisoned for not less than ten days nor more
than six months, or both.
D. A violation of any provision of this Chapter is prima facie evidence of
malfeasance in office, R.S. 14:134, and gross misconduct.
E. Neither costs nor attorney fees related to any legal action pursuant to charges of
misconduct or malfeasance or to any other matter related to or resulting from the
appointment of a fiscal administrator, receiver, or limited jurisdiction fiscal administrator
initiated by either the political subdivision or an officer, official, or employee of a political
subdivision or public water system shall be reimbursed to an officer, official, or employee
of a political subdivision or public water system unless the officer, official, or employee is
acquitted or the suit is dismissed.

Legislative History

Acts 2013, No. 336, §1; Acts 2025, No. 96, §1.