Louisiana AG Opinion Regarding Duties of A Sheriff

State of Louisiana EPARTENT O JUSTICE ‘GLDNISION Po. sox 405 BATON ROUGE 71604905, Jeff Landry corey Gesea DEC 06 2016 OPINION 16-0159 Mr. Jonathan C. Vidrine soy SHERIFFS ofblo Eddie Solleau, a cone At, § 27 U2 RS. 135596, 16704 La COUP. a Evangeline Parish Sherif wiser Post Office Drawer 1019 ‘Law enforcemert i serfs consituicna hy. and no ser may Vill Platte, LA 70586 SEATS eS yelnas nso fr soy neo Dear Mr. Vidrine: ur office has received your request for an opinion regarding Sheriff Soileau's official duties and the options available to the Sherif in executing the powers of his office. In your request, you state that the Sheriff is burdened by budgetary shortfalls, and that the Office cannot support sufficient staff to function effectively as tax collector, process ‘server, and law enforcement officer. Your request asks “whether the Sherif can legally ‘operate without having law enforcement duties,” while maintaining his duties as tax collector and process server. It is our opinion that law enforcement is Sheriff Solleau’s ‘constitutional duty, anc no sheriff may cease to perform legally mandated functions for any reason, [A sheriff's cuties are specified first and foremost by the Louisiana Constitution which provides: [The sherif] shall be the chief law enforcement officer in the parish,... and shall execute court orders and process. He shall be the collector of state ‘and parish ad valorem taxes and such other taxes and license fees as provided by law." ‘These duties are reiterated in La, R.S. 13:5539, which additionally mandates, “Each sheriff shall be keeper of the public jail of his parish and shall preserve the peace and apprehend public offenders.” A sheriff's status as chief law enforcement officer is reasserted by La. R.S. 15:704, which states, “elach sheriff shall be the keeper of the public jail of his parish, and shall by all lavul means preserve the peace and apprehend all disturbers thereof, and other public offenders,” In Jackson v. State of La., the Fifth Circuit observed that a sheriff's duty under Louisiana law to preserve the peace and apprehend public offenders is not ited to the sheriff'sCopnon 160189 rsnatian © Vine Page? role as the keeper of the parish jal? The Jackson court relied on opinions of this office in recognizing the law enforcement duties of the Orleans Parish Criminal Sherif, but noted the “diverse and complex’ function of a sherif.® We have opined more recently that even where police officers hoid concurrent jurisdiction, the sheriff's duties as chief law enforcement officer are not extinguished * Our opinion remains consistent with that of the Jackson Court: the powers of sheriffs and police are not mutually exclusive although the jurisdiction of each is distinct, and therefore the sherif is never divested of authority as the chief law enforcement officer of a parish unless specifically prescribed by law. ‘As part of our answer to your request, we note that sherifs have discretionary authority in how to execute certain functions of the office.” For example, sheriffs are permitted to appoint deputies to assist in the various functions of his office ® We cannot identify any provision that mandates a specfic minimum number of deputy sheriff appointments, of any requirement that deputies be assigned to serve in any particular capacity. However, ro taw provides a sheriff discretion in which duties to exercise and no advisory opinion ‘can absolve any sheriff of the legal duties of office as the chief law enforcement officer tasked with keeping the peace and making arrests, Should a sheriff choose not to appoint deputies to assist in hs law enforcement role, we ould cite no statute thet would forbid such a choice, but a sheriff is afforded no discretion in which of his legal duties to perform. Accordingly, despite the discretion available to sheriffs regarding how to execute certain official duties, itis our opinion that ‘no public official may choose to shrug a yoke his office bears by Constitutional decree. We hope this response sufficiently answers your inquiry, If we may be of further assistance, please do not hesitate to contact our office. Sincerely yours, ‘Assisfant Attorney General ‘JLMSHAp 4 980 F-24 1009, 1012 (sm Gir 1999). “id.at 1014 cling La. Atty. Gen. Op. No. 0-181 ‘Le’ Aly. Gen. Op. No. 94-105, citng La Ally. Gen. Op No. 83-17 Sle CGeP. art. 131,061, Le RS. 136596,

Louisiana AG Opinion Regarding Duties of A Sheriff

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