2023 Louisiana Laws › Revised Statutes › Title 36 - Organization of the Executive Branch › §36:784. Powers and duties of the secretary

RS 36:784 - Powers and duties of the secretary
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(4) Advise the governor on problems concerning the administration of the department.
(5) Act as the sole agent of the state or, in necessary cases, appoint a designee within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(6) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof.
(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget statement which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective houses.
(8)(a) Establish and manage a Veterans' Honor Medal Program in order to recognize and honor all Louisiana veterans. The secretary shall design or cause to be designed a medal. A gold star shall be affixed and awarded to the next of kin of armed forces personnel killed in action. A silver star shall be affixed and awarded to armed forces personnel wounded in action.
(b) Have the authority to form an advisory committee of interested persons, including, but not limited to, the governor or his designee, the speaker of the Louisiana House of Representatives or his designee, the president of the Louisiana Senate or his designee, the adjutant general or his designee, the Louisiana secretary of veterans affairs or his designee, and various veterans. This committee shall assist the secretary in the design of the medals provided for in Subparagraph (a) of this Paragraph and accompanying certificates.
(c) Determine eligibility for award of an Honor Medal provided for in this Section based upon military records such as DD-214 discharge paper or a DD-201 service record.
(d) Create an application for the distribution of the Honor Medal in which the applicant may elect to receive a medal by one of the following methods:
(i) Delivery by the United States Postal Service.
(ii) Delivery to the Department of Veterans Affairs parish service office in the parish where the veteran resides.
(iii) Delivery to the veteran by the governor or his designee in a ceremony conducted by the Department of Veterans Affairs.
(e) Deliver each Honor Medal pursuant to the method of delivery selected by the veteran on the application in accordance with Subparagraph (d) of this Paragraph.
(f) Deliver each Honor Medal to the applicant within forty-five days of receipt of the application unless the veteran elects to receive the medal in a ceremony conducted by the Department of Veterans Affairs.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (6) of this Subsection.
B. The secretary shall have the authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Veterans Affairs, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Do other such things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004; Acts 2008, No. 695, §1; Acts 2011, No. 59, §1, eff. June 20, 2011; Acts 2016, No. 557, §2.