Case law

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Louisiana Attorney General Reports · Feb 5, 2002

The case law under USERRA and its predecessors also indicates the areas of possible salary increases, if allowable, and they clearly turn on employer practice, policy and contracts/agreements. … In the event the IRS issues its guidance for the State MSRA provisions for qualified plans, this area would be subject to review at that time. Question 3.

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Louisiana Attorney General Reports · Jul 12, 2001

The case law under USERRA and its predecessors also indicates the areas of possible salary increases, if allowable, and they clearly turn on employer practice, policy and contracts/agreements. … In the event the IRS issues its guidance for the State MSRA provisions for qualified plans, this area would be subject to review at that time. Question 3.

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Louisiana Attorney General Reports · Jan 26, 2001

The rationale of that opinion does not clearly support the conclusion in Opinion 90-149 although it does allude to a provision in the Lawrason Act. … The person filling this vacancy on an interim basis may qualify for this position at the subsequent election.

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Louisiana Attorney General Reports · Sep 24, 1996

fund to satisfy its obligations upon the establishment of the fund . . . . § 1196. … While GSI-Funds do not constitute insurance or insurance companies, they are clearly subject to regulation by the Commissioner.

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Louisiana Attorney General Reports · Oct 26, 2000

R.S. 33:713 is a provision of the Commission-City Manager Plan for municipalities established by R.S. 33:611 — 851. … Clearly, the hiring of Mr. Nielsen by the mayor for an election contest suit was for a private purpose.

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Louisiana Attorney General Reports · Sep 19, 2000

right to public records is fundamental and guaranteed by the Louisiana Constitution Article 12 , Section 3 , which provides that "[N]o person shall be denied the right to . . . examine public documents, except in cases established … No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.

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Louisiana Attorney General Reports · Jan 27, 1999

As further pointed out in our conversation we have found under the "Louisiana Health Insurance Association Act" that the association shall establish reasonable reimbursement amounts for the listed services which includes … "transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition."

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Louisiana Attorney General Reports · Aug 28, 2006

Such a loan or donation would be doing indirectly with state funds what is clearly prohibited directly. … Box 553 Public funds received by volunteer Garyville, LA 70051 fire department may be used to establish and maintain a retirement plan.

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Louisiana Attorney General Reports · Apr 16, 2002

In situations where mutual aid is utilized, radio communications shall be established, if possible, through the radio systems patch, or one of the officers shall maintain personal eye-to-eye contact with an officer of the … R.S. 33:423 pertinently provides: In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq ., which have a chief of police elected by the qualified voters thereof, he shall make recommendations

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Louisiana Attorney General Reports · Oct 24, 2000

As you have outlined in your opinion request, the North Lake Charles Economic Development District (District) is established in LSA-R.S. 33:130.551 , et seq. … But on the other hand, where the appointment or election is made for a definite term or during good behavior, and the removal is to be for cause, it is now clearly established by the great weight of authority that the power

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Louisiana Attorney General Reports · Jun 23, 1995

To the contrary, the Slatten Memorandum of December 14, 1994, clearly links payment to past performance. … No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

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Louisiana Attorney General Reports · Apr 17, 2000

Hunt: I am in receipt of your request for an Attorney General's opinion concerning the establishment of a policy by the Louisiana Board of Elementary and Secondary Education (BESE) and each local educational agency (LEA) … Director, Missouri Department of Health, 110 S.Ct. 2841 (1990), the Supreme Court held that while there was no absolute right to refuse such care, a competent individual would clearly have a constitutionally protected "liberty

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Louisiana Attorney General Reports · Nov 24, 1997

The Department shall establish further qualifications for economic development zones by rule adopted pursuant to the `Administrative Procedure Act'." [ Emphasis added .] … The Board has never considered a church used primarily as a place of worship and devoid of any commercial business enterprise, to be a qualifying commercial business. We concur with this interpretation.

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Louisiana Attorney General Reports · Apr 23, 2001

X, Sec. 16, "A system of classified fire and police civil service is created and established. … X, § 16 (1974)] relating to establishment of a police and fire civil service are not applicable." 683 So.2d at 928 .

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Louisiana Attorney General Reports · May 16, 2007

Section 2 presents a somewhat closer question, for, unlike § 1, it appears to establish a procedure for hiring and firing. … Inasmuch as we consider injunctive relief clearly proper under the rationales of Lentini v. City of Kenner , 252 La. 413 , 211 So.2d 311 (La. 1968) and Caddo Parish School Bd. v.

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Louisiana Attorney General Reports · Mar 9, 1999

To deny you and your employees the benefits derived from a qualified fitness program solely on this basis would, in our opinion, be unjust and inequitable. … Clearly, one can not put a specific price on the value of the benefits received by your office as a result of employee participation in a structured fitness program.

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Louisiana Attorney General Reports · Dec 14, 2007

You have asked that we address some rather broad questions, and we have tried to answer them as clearly and comprehensively as possible. … Each director shall hold office for the term for which he was named or elected, and until his successor is elected and qualified.

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Louisiana Attorney General Reports · Apr 19, 2001

R.S. 56:366(B) and 279(B) establish the goals of the Council. … We further believe the terms of the reimbursement should be clearly set forth in the cooperative endeavor agreement.

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Louisiana Attorney General Reports · Dec 8, 2005

To qualify under the exception of Cooperative Endeavoss, an undertaking must be found to be "for a public purpose". Dear Mr. … In regard to establishing a cooperative endeavor this office made the following observation: Care should be taken to insure that the cooperative endeavor agreement clearly reflects (1) the reciprocal rights and duties of

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Louisiana Attorney General Reports · Feb 18, 2000

In interpreting the above provision, we have consistently held that in order to qualify for an exemption under § 21(B)(1)(a), the property must meet all four requirements set forth therein, to wit: 1. … Further, an exemption, constituting an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), writ denied.