TITLE 42 - Public Officers and Employees

RS 42:53 - Oath or affirmation; prospective employees

Universal Citation: LA Rev Stat § 42:53

§53. Oath or affirmation; prospective employees

Before any contract of employment between any person and a state department, board, commission, or agency of the State of
Louisiana, or of any political subdivision or municipal corporation of the State of Louisiana, is made or renewed after July 26,
1950, the oath or affirmation prescribed in R.S. 42:52 hereof shall be taken and filed by the prospective employee.

TITLE 42 - Public Officers and Employees

RS 42:141 - Time limitation on oath and bond; failure to comply

Universal Citation: LA Rev Stat § 42:141

CHAPTER 4. QUALIFICATION BY TAKING OATH AND

GIVING BOND

PART I. TIME FOR QUALIFICATION

§141. Time limitation on oath and bond; failure to comply

A. Each public officer, within thirty days after receipt of his commission or within thirty days after receipt of his commission
certificate, whichever is later, shall take the oath of office prescribed by law, and give bond, when required, and file the same in
the proper office in the manner required by law.

B. Subject to the time limitation set forth in Subsection A of this Section, a public officer may take his oath of office at any time
after he receives his commission or commission certificate. An oath taken prior to the date shown on the commission shall be
deemed to have been taken on and shall be effective on and after the date on which the term of office for which the oath is taken
commences. In cases where the office is one for which no date for term of office is set, an oath taken prior to the date on the
commission shall be deemed to have been taken on and shall be effective on and after the date on the commission.

C. Failure to comply with the requirements of this Section shall create a vacancy in the office, and the vacancy shall be filled in
accordance with law as in other cases of vacancy.

TITLE 42 - Public Officers and Employees

RS 42:161 - Public officers to take constitutional oath

Universal Citation: LA Rev Stat § 42:161

PART II. OATH

§161. Public officers to take constitutional oath

All public officers shall take and subscribe to the oath or affirmation required by Article X, Section 30 of the constitution before
acting in their respective offices.

TITLE 42 - Public Officers and Employees

RS 42:162 - Administration and recordation of oath or affirmation
Universal Citation: LA Rev Stat § 42:162

§162. Administration and recordation of oath or affirmation

A. The oath or affirmation of all officers of the state may be administered by the governor, any judge, justice of the peace,
notary public, or clerk of court. Except as otherwise provided in Subsection B of this Section, the oath or affirmation
shall be subscribed to by the party taking it, and certified in his commission by the person administering it and shall be
deposited in the office of the secretary of state and recorded by him. The oath or affirmation of all parish officers shall
also be recorded
B. in the clerk of court's office of the parish where the same may have been administered, to be recorded by the clerk of
court in a book kept for that purpose.

B. For members of each house of the legislature who take the oath or affirmation at the organizational session of the legislature as
provided in Article III, Section 2(D) of the Constitution of Louisiana, the clerical officer of each house of the legislature shall
deposit in the office of the secretary of state a certified journal entry of the proceedings of that house which reflects the taking of
the oath of office as provided in the constitution. The secretary of state shall record each certified journal entry in the same
manner the oaths or affirmations received pursuant to Subsection A of this Section are recorded. For the members of the
legislature who took the oath of office at the organizational session of the legislature, the certified journal entry shall fulfill the
requirements of this Part to take and subscribe to the oath or affirmation.

C. The oath or affirmation shall be deposited for recordation within one month after the same shall have been administered. A
certified journal entry submitted pursuant to Subsection B of this Section shall be deposited for recordation no later than one
month following the organizational session of the legislature.

TITLE 42 - Public Officers and Employees

RS 42:181 - Bond with surety residing in parish, or by surety company

Universal Citation: LA Rev Stat § 42:181

PART III. BOND

§181. Bond with surety residing in parish, or by surety company

All public officers who are required by law to give bond, shall give bond secured by a personal surety residing within the parish
where the officer exercises the functions of his office, or by a reputable and reliable surety company doing business in the state.

TITLE 42 - Public Officers and Employees

RS 42:183 - To whom bond payable

Universal Citation: LA Rev Stat § 42:183

§183. To whom bond payable

The bonds of state officers shall be made payable to the governor, and those of the parish officers to the president of the police
jury or other governing authority of the parish.

TITLE 42 - Public Officers and Employees

RS 42:184 - Acceptance of bonds

Universal Citation: LA Rev Stat § 42:184

§184. Acceptance of bonds
The bonds of public officers shall be accepted by the parish recorder, the clerk of the district court, and the president of the police
jury, or any two of them, in the absence of the third, within thirty days from the date of his commission, and before entering upon
his duties.

This shall apply in all the parishes except in the city of New Orleans, where that duty shall be performed by the recorder of
mortgages.

TITLE 42 - Public Officers and Employees

RS 42:186 - Authentication and recordation of bonds

Universal Citation: LA Rev Stat § 42:186

§186. Authentication and recordation of bonds

The bond of any public officer shall be authenticated by the attestations of two witnesses and the signature of the recorder; it shall
also be recorded in a separate book kept for that purpose, and it shall also be registered in the mortgage records of the several
parishes where the principal obligor may own real estate.

TITLE 42 - Public Officers and Employees

RS 42:188 - Bond to remain on file; copy admissible in evidence

Universal Citation: LA Rev Stat § 42:188

§188. Bond to remain on file; copy admissible in evidence

All bonds must remain on file in the office of the recorder of mortgages and a duly certified copy shall always be admissible in
evidence.

TITLE 42 - Public Officers and Employees

RS 42:1141 - Complaints and investigations

Universal Citation: LA Rev Stat § 42:1141

SUBPART B. PROCEDURE

§1141. Complaints and investigations

A.(1) The Board of Ethics members may sit en banc or in panels in such order and at such times as the board directs.

(2) The Board of Ethics may authorize the hearing and determination of matters by separate panels, each consisting of not less
than three members. Such panels shall sit at the times and places to hear matters assigned as the chairman directs. Such hearings
shall be public except those provided for in Subsection C of this Section. All determinations of a panel shall be by a majority
vote. However, if a panel consists of three members, all determinations of the panel shall require a unanimous vote of the
members of the panel. Each panel shall be vested with specific subject matter jurisdiction. The Board of Ethics may determine by
rule a procedure to rotate members among different subject matter panels to encourage the participation of each member of the
board in, and the knowledge of each member of the board of, matters concerning the different provisions of law under the
jurisdiction of the board.

(3) Notwithstanding any other provision of this Chapter, the presence of nine members shall be required to conduct the business
of the Board of Ethics sitting en banc.

(4) The Board of Ethics shall promulgate procedural and jurisdictional rules relative to the establishment of the several panels.
The rules shall specify procedures wherein the chairman may refer matters to the appropriate panel with proper subject matter
jurisdiction.
(5) The Board of Ethics by a majority vote of its membership, may review any opinion, decision, finding, or ruling of any panel.

B.(1)(a) The Board of Ethics shall consider any signed sworn complaint from any elector, hereinafter referred to as complainant,
concerning a violation of this Chapter which is within its jurisdiction or the regulations or orders issued by the Board of Ethics, or
may, by a two-thirds majority vote of its membership, consider any matter which it has reason to believe may be a violation of
this Chapter. Additionally, the board may consider any matter which it has reason to believe may be a violation of any other
provision of law within its jurisdiction as provided in this Subsection or as may be otherwise provided by law. A certified copy of
the vote; a detailed explanation of the matter, including the specific factual allegations upon which the board based its decision to
investigate; and a copy of any complaint received by the board, from which the name of the complainant has been redacted, shall
be sent by certified mail to the accused and the complainant within ten days after the vote occurs or after receipt of a signed
sworn complaint. The chairman of the Board of Ethics may assign a matter to the appropriate panel for investigation, in which
case the panel shall conduct a private investigation to elicit evidence upon which the panel shall determine whether to
recommend to the board that a public hearing be conducted or that a violation has not occurred.

(b) The board shall provide a person who has filed a non-sworn complaint with only a notification stating the final disposition of
the complaint.

(2) A notice or report sent to the board by the legislative auditor or the inspector general may be treated by the board as a matter
for consideration in accordance with the provisions of this Subsection.

(3) Any person who, with knowledge of its falsity, makes a false complaint shall be subject to the penalties set forth in R.S.
42:1153.

C (1) Upon receiving a sworn complaint or voting to consider a matter as provided in Subsection B of this Section, a private
investigation shall be conducted to elicit evidence upon which the Board of Ethics shall determine whether a public hearing
should be conducted or that a violation has not occurred. The accused and the complainant shall be given written notification of
the commencement of the investigation not less than ten days prior to the date set for the commencement of the investigation.

(2) After the investigation has been completed, the Board of Ethics shall determine whether a public hearing should be conducted
to receive evidence and to determine whether any violation of any provision of law within its jurisdiction has occurred. If a
violation has not occurred, the defendant and the complainant shall be notified within ten days of the ruling.

(3)(a) If the board determines following an investigation that a public hearing should be conducted, the board shall issue charges.
A public hearing shall be conducted to receive evidence relative to the facts alleged in the charges and to determine whether any
violation of any provision of law within the jurisdiction of the board has occurred. The public hearing on such charges shall be
conducted by the Ethics Adjudicatory Board in accordance with the Administrative Procedure Act and this Part.

(b) The charges issued by the board shall contain each of the following:

(i) A plain, concise, and definite written statement of the essential facts constituting the alleged violation.

(ii) The official or customary citation of the statute which is alleged to have been violated.

(iii) The date of the meeting at which the board voted to issue charges.

(iv) The name of the trial attorney, if designated.

(c) If the Board of Ethics does not issue charges within one year from the date upon which a sworn complaint is received or, if no
sworn complaint was received, within one year from the date the board voted to consider the matter, the matter shall be
dismissed. The one-year period shall be prescriptive. The prescriptive period may be suspended, interrupted, or renounced. The
prescriptive period shall be suspended by any of the following:

(i) The person who is the subject of the investigation or complaint files any pleading or proceeding in a state or federal court or
with the Ethics Adjudicatory Board related to the matter under investigation that has the effect of delaying or impeding the
proceeding.
(ii) The person who is the subject of the investigation or complaint fails to comply with a subpoena or other request from the
Board of Ethics for information related to or in connection with the investigation of the Board of Ethics.

(d) The person who is the subject of the investigation or complaint may consent in writing to the suspension of the prescriptive
period.

(e) Determinations concerning the prescriptive period provided for in Subparagraph (c) of this Paragraph shall be made by the
Ethics Adjudicatory Board.

(f) The Board of Ethics shall consider offering a consent opinion to each person who is the subject of an investigation.

(4) - (8) Repealed by Acts 2012, No. 608, §2, eff. June 7, 2012.

D, E, and F. Repealed by Acts 2012, No. 608, §2, eff. June 7, 2012.

TITLE 42 - Public Officers and Employees

RS 42:1441 - LIABILITY FOR ACTS OF PUBLIC EMPLOYEES

Universal Citation: LA Rev Stat § 42:1441

CHAPTER 23. LIABILITY FOR ACTS OF PUBLIC EMPLOYEES

§1441. Limitation on the liability of the state of Louisiana

A. The state of Louisiana shall not be liable for any damage caused by a district attorney, coroner, assessor, sheriff, clerk of court,
or public officer of a political subdivision within the course and scope of his official duties, or damage caused by an employee of
a district attorney, coroner, assessor, sheriff, clerk of court, or public officer of a political subdivision.

B. The provisions of Subsection A hereof are not intended to and shall not be construed to affect any personal liability which may
arise from damage caused by any public officer of a political subdivision, or by a district attorney, coroner, assessor, sheriff, clerk
of court, or the employee of any such public officer, nor shall the provisions of said Subsection A be construed to amend or
repeal R.S. 13:5108.1.

C. For the purposes of this Section, "political subdivision" means a parish, municipality, and any other unit of local government,
including a school board and a special district, authorized by law to perform governmental functions.

TITLE 42 - Public Officers and Employees

RS 42:1441.2 - Nonimposition of master-servant liability on state by Civil Code Article 2320 and other laws for torts of
parish officials; insurance coverage; interlocal risk management programs

Universal Citation: LA Rev Stat § 42:1441.2

§1441.2. Nonimposition of master-servant liability on state by Civil Code Article 2320 and other laws for torts of parish officials;
insurance coverage; interlocal risk management programs

A. Civil Code Article 2320 and other laws imposing liability on a master for the offenses and quasi offenses of his servant shall
not extend or apply to and shall not impose liability upon the state for the offenses and quasi offenses of any of those public
officers named in Article V, Sections 26, 27, 28, and 29, and Article VII, Section 24, of the Constitution of Louisiana or any of
their officers, deputies, assistants, employees, appointees, designees, or representatives.

B. Such public officers shall, by commercial insurance carriers, by self-insurance funds, by joining an interlocal risk management
program, or by a combination of any two or more of them, secure general liability insurance coverage on themselves and on their
officers, deputies, assistants, employees, appointees, designees, and representatives in amounts of not less than twenty thousand
dollars per injured person. Such public officers may secure this insurance coverage themselves or through their respective
associations. For purposes of being able to form new interlocal risk management programs or to join existing ones, the office of
each such public officer in each parish of the state shall be deemed to be a separate "local governmental subdivision", and each
association of such public officers and each combination of such associations shall be deemed to qualify as an "interlocal risk
management agency", all within the meanings set forth in R.S. 33:1342.

TITLE 13 — Courts and judicial procedure

RS 13:5537 — Appointment, oath, and bond of deputies; authority and jurisdiction of certain deputies

Universal Citation: LA Rev Stat § 13:5537

§5537. Appointment, oath, and bond of deputies; authority and jurisdiction of certain deputies

A. (1) The sheriff of each parish and the civil and criminal sheriffs of the parish of Orleans may appoint as many deputies as
necessary, but not more than authorized by law.

(2) In all parishes except the parish of Orleans, the deputies shall, before entering on their duties, take the oath of office. Their
appointment and oath must be entered on the records of the court. In addition to taking the oath of office, the said deputies shall,
before commencing upon the discharge of their duties, each furnish a bond in the sum of five thousand dollars, with good and
solvent sureties in favor of the sheriff appointing the said deputy, and the public, for the faithful performance of their duties.
Deputies in the parish of Orleans shall furnish bond in the sum of two thousand dollars in the same form and manner required of
deputies in the other parishes. The surety of the said bond furnished by the said deputy shall be bonding, surety, or indemnity
companies qualified to do such business in the state of Louisiana, which fact shall be shown by a certificate issued by the
secretary of state of Louisiana, to be annexed to said bonds.

(3) The bonds and the certificates shall be filed with the clerk of the district court of the parish where said deputies shall exercise
the functions of their office, and shall be recorded by said clerk in a separate book kept for that purpose. Copies of said bonds,
with certificates from the clerk of court showing their registry, shall be filed with the legislative auditor.

(4) In lieu of furnishing the aforesaid bond a deputy may furnish a certificate of public liability insurance of a like amount in
limits insuring against any breach of the faithful performance of his or her duties.

(5) The above provisions shall not require the disclosure of the identity of a deputy who is a member of the Louisiana Sheriffs'
Association Narcotics Task Force. The record of the deputy's appointment, oath, and bond may use a system of code numbers
developed by the sheriff to refer to the deputy.

(6) The above provisions shall not relieve a sheriff or his surety of any of his obligations when the said sheriff is acting in his
capacity as ex officio tax collector or for any act done by any of his deputies as tax collector.

B. Whenever the sheriff of any parish, except the Parish of Orleans, declares to the police jury in writing that his office is in need
of the assistance of additional special officers to cope with any situation in the parish in the interest of proper law enforcement,
and requests the police jury in writing to declare an emergency necessitating the services of additional local law enforcement
officers, the police jury may declare the emergency. When the police jury declares the emergency, the sheriff shall appoint and
commission special deputy sheriffs to assist him in law enforcement during the emergency. The special deputy sheriffs shall have
the powers of police and may arrest offenders for any law violations. The police jury may fix and pay the compensation of the
special deputies or the expenses which they incur.

C. The sheriff of each parish and the civil and criminal sheriffs of the parish of Orleans may appoint reserve deputy sheriffs as
special unpaid volunteer litter-watch agents, as trained according to a training program established by each sheriff.

D. (1) A duly commissioned deputy who is a member of the Louisiana Sheriffs' Association Violent Crimes and Narcotics Strike
Force when acting at the written request of the sheriff of another parish shall have law enforcement authority and jurisdiction
within the jurisdiction of the sheriff who is requesting the assistance.
(2) A duly commissioned deputy who is a member of the Louisiana Sheriffs' Association Emergency Task Force shall have law
enforcement authority and jurisdiction in any parish when the deputy is on duty during a declared emergency situation or in any
parish when the deputy is acting at the written request of the sheriff of that jurisdiction.

E. Each deputy sheriff shall take the oath, as prescribed by law, at any time after the sheriff has taken the oath of office, and give
bond, when required, and file the same in the proper office in the manner required by law. If the sheriff takes the oath of office
prior to the commencement of his term as provided in and authorized by R.S. 42:141(B), a deputy sheriff may also take the oath
of office subject to the same provisions.

La.  RS 44:32      

   
§32. Duty to permit examination; prevention of alteration; payment for overtime; copies provided; fees
            A. The custodian shall present any public record to any person of the age of majority who so requests. The custodian shall
make no inquiry of any person who applies for a public record, except an inquiry as to the age and identification of the person
and may require the person to sign a register and shall not review, examine or scrutinize any copy, photograph, or memoranda in
the possession of any such person; and shall extend to the person all reasonable comfort and facility for the full exercise of the
right granted by this Chapter; provided that nothing herein contained shall prevent the custodian from maintaining such vigilance
as is required to prevent alteration of any record while it is being examined; and provided further, that examinations of records
under the authority of this Section must be conducted during regular office or working hours, unless the custodian shall authorize
examination of records in other than regular office or working hours. In this event the persons designated to represent the
custodian during such examination shall be entitled to reasonable compensation to be paid to them by the public body having
custody of such record, out of funds provided in advance by the person examining such record in other than regular office or
working hours.
            B. If any record contains material which is not a public record, the custodian may separate the nonpublic record and make
the public record available for examination.
C. (1)(a) For all public records, except public records of state agencies, it shall be the duty of the custodian of such public
records to provide copies to persons so requesting. The custodian may establish and collect reasonable fees for making
copies of public records. The custodian may request payment of fees in advance of production. Copies of records may
be furnished without charge or at a reduced charge to indigent citizens of this state.
            (b) For all public records in the custody of a clerk of court, the clerk may also establish reasonable uniform written
procedures for the reproduction of any such public record. Additionally, in the parish of Orleans, the recorder of mortgages, the
register of conveyances, and the custodian of notarial records may each establish reasonable uniform procedures for the
reproduction of public records.
            (c) The use or placement of mechanical reproduction, microphotographic reproduction, or any other such imaging,
reproduction, or photocopying equipment within the offices of the clerk of court by any person described in R.S. 44:31 is
prohibited unless ordered by a court of competent jurisdiction.
            (d) Any person, as provided for in R.S. 44:31, may request a copy or reproduction of any public record and it shall be the
duty of the custodian to provide such copy or reproduction to the person so requesting.
            (2) For all public records of state agencies, it shall be the duty of the custodian of such records to provide copies to
persons so requesting. Fees for such copies shall be charged according to the uniform fee schedule adopted by the commissioner
of administration, as provided by R.S. 39:241.
            Copies shall be provided at fees according to the schedule, except for copies of public records the fees for the
reproduction of which are otherwise fixed by law. Copies of records may be furnished without charge or at a reduced charge to
indigent citizens of this state or the persons whose use of such copies, as determined by the custodian, will be limited to a public
purpose, including but not limited to use in a hearing before any governmental regulatory commission.
            (3) No fee shall be charged to any person to examine or review any public records, except as provided in this Section, and
no fee shall be charged for examination or review to determine if a record is subject to disclosure, except as may be determined
by a court of competent jurisdiction.
            D. In any case in which a record is requested and a question is raised by the custodian of the record as to whether it is a
public record, such custodian shall within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of
the request, in writing for such record, notify in writing the person making such request of his determination and the reasons
therefor. Such written notification shall contain a reference to the basis under law which the custodian has determined exempts a
record, or any part thereof, from inspection, copying, or reproduction.

2006 Louisiana Laws - RS 10:3-311 — Accord and satisfaction by use of instrument

§3-311.  Accord and satisfaction by use of instrument 

(a)  If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to
the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide
dispute, and (iii) the claimant obtained payment of the instrument, the following Subsections apply.  

(b)  Unless Subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves
that the instrument or an accompanying written communication contained a conspicuous statement to the effect that
the instrument was tendered as full satisfaction of the claim.

(c)  Subject to Subsection (d), a claim is not discharged under Subsection (b) if either of the following applies: 

(1)  The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a
conspicuous statement to the person against whom the claim is asserted that communications concerning disputed
debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or
place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or
place.  

(2)  The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the
claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted.  This
Paragraph does not apply if the claimant is an organization that sent a statement complying with Paragraph (1)(i).  

(d)  A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time
before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct
responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of
the claim.  

Acts 1992, No. 1133, §3, eff. July 1, 1993; Acts 1993, No. 948, §10, eff. Jan. 1, 1994.