Judges: JAMES D. \"BUDDY\" CALDWELL, Attorney General
Filed Date: 1/29/2010
Status: Precedential
Modified Date: 7/5/2016
Dear Ms. Garcie:
As attorney for the Village of Florien (the "Village"), you have requested an opinion of this office as to whether the Village may purchase service weapons for its police officers and then have the officers reimburse the Village through payroll deductions over time.
La.R.S.
B. Except for deductions required by law, no withholding may be made from the earnings of any employee for the purposes permitted by this Section unless the withholding is specifically and voluntarily authorized by the employee in writing. Any amount withheld in accordance with the provisions of this Section shall be remitted to the organization designated on a regularly scheduled basis as prescribed by rules promulgated by the division of administration and administered by the state payroll office as provided in R.S.
(emphasis added).
For purposes of Title 42, "the term `public office' means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state. `Public officer' is any person holding a *Page 2
public office in this state." La.R.S.
Another option is for the Village to use its public funds to purchase standard police equipment such as a badges, uniforms, and guns, and to issue the equipment to its police officers. In this case, all equipment issued to an officer would remain public property of the police department and must be returned when the employee ceases employment. La. Atty. Gen. Op. No. 08-0311.
Accordingly, it is the opinion of this office that the Village of Florien may purchase services weapons for its police officers and then have the officers reimburse the Village for the cost of the service weapons through payroll deductions. However, the officers must provide written authorization allowing the payroll deductions prior to any deductions being made.
We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.
Yours very truly,
JAMES D. "BUDDY" CALDWELL Attorney General
BY: __________________________ Lindsey K. Hunter Assistant Attorney General
JDC/LKH/crt