AG’s Office
Handcuffed by Governor’s Unconstitutional Actions
BATON ROUGE, LA –
In a lawsuit filed today, Attorney General Jeff Landry is asking the court to
reaffirm what the duly-elected Legislature has already decided: Governor John
Bel Edwards may not raid agencies’ operational funds to pay for his bloated
government.
“Despite the
media’s best attempt of cloaking the emperor in bi-partisanship and compromise,
the facts are clear: John Bel Edwards is a predictable and vindictive
Washington-style politician more concerned with political points than the
people’s business,” said Landry. “By playing petty partisan politics, the
Governor is jeopardizing the operations of the Louisiana Department of
Justice.”
When money is
recovered for the State by the hard work of the Louisiana Department of Justice
(LADOJ), a percentage of that money goes into an escrow account to help fund
ongoing, active operations of the office – relieving a burden on the limited
State General Fund. The LADOJ is approved to use these monies through the
legislative appropriations process; but in order for the LADOJ to spend monies
in the escrow, the funds must be re-classified to the Legal Support Fund or
Self-Generated Revenue, both of which contain expenditure authority but no
cash.
The LADOJ, and
other agencies, reclassify funds using the statewide accounting system and
specifically by executing a J-2 Voucher. The Governor’s Division of
Administration has engaged in a politically-motivated, arbitrary, and
capricious game to delay approval of LADOJ J-2’s – thus, blocking the LADOJ’s
access to funds.
“John Bel Edwards
has made clear that, despite the duly-elected Legislature’s desires, he will
continue to raid an account that has been used for years to fund the operations
of the Louisiana Department of Justice,” continued Landry. “The Governor’s lawless
disregard for the legislative and democratic processes has obstructed the
Louisiana Department of Justice from carrying out our constitutionally and
statutorily obligated duties.”
It is disturbing
that the Governor and his office do not understand simple budget mechanics. The
Division of Administration believes that 2013 Louisiana Act 420 required LADOJ
escrow funds to be transferred to the Overcollections Fund. However, the LADOJ
complied with all obligations related to 2013 Louisiana Act 420. Furthermore,
2016 Louisiana Act 601 clearly and unambiguously terminated any continuing
obligations related to 2013 La. Act 420 by declaring any outstanding transfers
arising from “null and void and of no further effect.”
“While John Bel
Edwards attempts to fleece the taxpayers with tax increases and bigger
spending, I will continue to streamline departments and cut waste,” concluded
Landry. “I will continue to respect the will of the Legislature; and, if
necessary, further petition the court to correct the Governor’s irresponsible
and unlawful actions.”
