{
 "citation": "14:139.1",
 "heading": "Political payroll padding by sheriff; sale of assets of sheriff's office prohibited",
 "doc_id": "78325",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78325",
 "classification": "F",
 "enacted_year": "1981",
 "last_amended_year": "2020",
 "penalties": [
  {
   "subsection": "D",
   "text": "Whoever violates the provisions of Subsection A of this Section shall be imprisoned, with or without hard labor, for not more than five years or shall be fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "24:513"
 ],
 "text": "RS 14:139.1\n\n\u00a7139.1. Political payroll padding by sheriff; sale of assets of sheriff's office prohibited\n\nA. During the six months preceding a gubernatorial election and during the time\ninterval between the gubernatorial election and the first day of July following election, it\nshall be unlawful for any sheriff to do any of the following:\n\n(1) Increase the number of deputies or employees in his office by more than five\npercent over the average number of such employees for each of the first six months of the\ntwelve months preceding the election.\n\n(2) Increase the payroll or other operating expenses of his office more than fifteen\npercent over its average amount of such expenditures for each of the months of the first six\nmonths of the twelve months preceding the election.\n\n(3) Transfer title and ownership of the capital assets of his office of a value in excess\nof ten percent of the total value of assets as reflected in the current inventory filed in the\noffice of the sheriff under the provisions of R.S. 24:513, as of the date of the primary\nelection.\n\nB. In determining whether any surplus or deficit exists in the office of any sheriff at\nthe expiration of a term of office, the current market value of the capital assets of the office\nas set forth in the inventory filed in accordance with R.S. 24:513 shall be included in the total\nassets of the sheriff's office.\n\nC.(1) The provisions of this Section shall not apply when the increases or decreases\nare necessitated by flood, invasion by common enemy, or other public emergency. In\naddition, the provisions of this Section shall not apply to any increase based upon the\nutilization of additional revenue from a tax district election or to an increase necessitated by\nthe completion of a new or expansion of an existing prison facility or an emergency\ncommunications call or dispatch center.\n\n(2)(a) The provisions of this Section shall not apply to an incumbent sheriff, against\nwhom no person has qualified to run, for any transfers or increases that occur after the date\nthe qualifying period closes for the gubernatorial election through the first day of July\nfollowing the election.\n\n(b) The provisions of this Section shall not apply to an incumbent sheriff, who is\nreelected to office, for any transfers or increases that occur after the date the official election\nresults are declared by the election official through the first day of July following the\nelection.\n\nD. Whoever violates the provisions of Subsection A of this Section shall be\nimprisoned, with or without hard labor, for not more than five years or shall be fined not\nmore than five thousand dollars, or both.\n\nAdded by Acts 1981, No. 505, \u00a71; Acts 1999, No. 108, \u00a71; Acts 2018, No. 212, \u00a71;\nActs 2020, No. 8, \u00a71."
}