This is the threshold question that the Caddo Parish Commission should be briefed upon by Caddo Parish Attorney Donna Frazier. The input of Caddo Parish Sheriff’s Attorney Joshua Williams should also be received by the Commission. Additionally, the Louisiana Legislative Auditor can be consulted on this question.
Caddo Parish is a political subdivision of the state. The Caddo Sheriff is an elected official. The Caddo Commission is the legislative body for Caddo Parish. The Caddo Sheriff is the chief law enforcement officer for the parish. The Caddo Sheriff’s Office is an executive branch of the parish government.
The Caddo Sheriff has the authority to purchase real estate property necessary for the performance of his duties. Caddo Parish has the power to acquire property for any public purpose. Caddo Parish is obligated to provide sufficient office space and jail facilities for the sheriff.
If the parish and the sheriff use their respective funds to buy a building together a detailed Cooperative Endeavor Agreement (CEA) must be executed by both parties. The CEA must be approved by the Caddo Commission. This agreement must be for a public purpose and ensure that neither entity is essentially making a gratuitous donation to the other, which is prohibited by the Louisiana Constitution.
A comprehensive CEA will address the following, at a minimum:
1. The respective ownership of each party
2. Responsibilities for routine maintenance, with a detailed definition of “maintenance”
3. Responsibilities for major building components, such as roof, HVAC, parking lots and building integrity
4. Responsibilities for insurance on the building and property
5. Liability insurance for actions/inaction of persons on the building and property
6. Responsibilities for any ad valorem taxes on the building and property along with its contents
7. Responsibilities for payment for utilities, security services and other routine operational costs for the building and property
8. Process for future sale of the property and/or dissolution of any shared ownership.
The Commission’s Long Range Planning Committee is to meet in the near future for further discussion of the Sheriff’s proposal. Written input from both counsel for the Parish and the Sheriff should be provided prior to this meeting if a meaning full discussion is to take place.