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SECTION: 304 PROPERTY DONATED LOANED PLEDGED

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SECTION: 304

TITLE: PROPERTY - DONATED LOANED

            PLEDGED

EFFECTIVE DATE:  February 15, 2017

                                                       

 

  1. POLICY:

 

In accordance with Article 7, Section 14 (A) of the US Constitution, the funds, credit, property, or things of value of the Evangeline Parish Sheriff's Office shall not be loaned, pledged, or donated to or for any person, association, or corporation, public or private.

 

However, in accordance with Article 7, Section 14 (E) of the US Constitution, nothing in Section 14 shall prevent the donation or exchange of movable surplus property between or among political subdivisions whose functions include public safety.

 

In addition, in accordance with Louisiana Revised Statue 49:125, movable surplus property may also be sold in public auction.

 

  1. PROCEDURE:

 

In order for a donation or exchange of movable surplus property to be made, the following procedures must be observed:

 

  1. A written request must be made either by or to the political subdivision

seeking either the use or exchange of the movable surplus property.

 

  1. The requesting political subdivision's function must include public

safety.

 

  1. The requesting agency must have a justifiable need for the donation or

exchange of the movable surplus property.

 

  1. An Act of Donation of Exchange shall be prepared for the donation or

exchange of the movable surplus property by or to the Evangeline Parish Sheriff's Office and the other political subdivision.

 

  1. The Evangeline Parish Sheriff's Office is also authorized by the State of

Louisiana to sell at either public auction or any other method provided by law for such sales.

 

 

  • - All sales of Sheriff's Office movable surplus property to be sold at public auction must be performed by a qualified licensed auctioneer.
  • - No sale at public auction shall be at a price which is less than required by law.
  • - All sales at a public auction shall be advertised in a manner provided by law.
  • - The Sheriff's Office reserves the right to reject any and all bids as well as remove any or all items of movable surplus property from sale.