§406. Undersecretaries; functions; offices of management and finance

NOTE: Subsection A effective until the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of Acts 2004, No. 7. See note below.

A. For the Department of Public Safety and Corrections, there shall be an undersecretary for public safety services and an undersecretary for corrections services. They shall be appointed by the governor with consent of the Senate and shall serve at the pleasure of the governor at a salary fixed by the governor, which salaries shall not exceed the amount approved for such positions by the legislature while in session. The undersecretaries shall be directly responsible to and shall perform their functions under the supervision and control of the secretary.

NOTE: Subsection A as amended by Acts 2004 No. 7, §1, effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.

A. For the Department of Public Safety and Corrections, there shall be an undersecretary for public safety services, an undersecretary for corrections services, and an undersecretary for youth services. They shall be appointed by the governor with consent of the Senate and shall serve at the pleasure of the governor at a salary fixed by the governor, which salaries shall not exceed the amount approved for such positions by the legislature while in session. The undersecretaries for public safety services and for corrections services shall be directly responsible to and shall perform their functions under the supervision and control of the secretary. The undersecretary for youth services shall be directly responsible to the deputy secretary for youth services and shall perform his functions under the supervision and control of the deputy secretary for youth services and subject to the provisions of R.S. 36:405(D).

B.(1) The undersecretary for public safety services shall direct and be responsible for the functions of the office of management and finance for public safety services within the Department of Public Safety and Corrections. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing other than data processing authorized by law to be performed by the office of state police, management and program analysis, personnel management, grants management for public safety services and all of its offices, and for all agencies transferred to the Department of Public Safety and Corrections which are related to the functions of public safety services, except as otherwise specifically provided in this Title.

(2) The undersecretary for corrections services shall direct and be responsible for the functions of the office of management and finance for corrections services within the Department of Public Safety and Corrections. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for corrections services and all of its offices and for all agencies transferred to the Department of Public Safety and Corrections which are related to the functions of corrections services, except as otherwise specifically provided in this Title.

NOTE: Paragraph (3) effective until the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of Acts 2004, No. 7. See note below.

(3) The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for public safety services and the performance of its powers, duties, functions, and responsibilities and the secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for corrections services and the performance of its powers, duties, functions, and responsibilities, all in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.

NOTE: Paragraphs (3) and (4) as amended by Acts 2004 No. 7, §1, effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.

(3) The undersecretary for youth services shall direct and be responsible for the functions of the office of management and finance for youth services within the Department of Public Safety and Corrections. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for youth services and for all agencies transferred to the Department of Public Safety and Corrections which are related to the functions of youth services, except as otherwise specifically provided in this Title.

(4) The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for public safety services and the performance of its powers, duties, functions, and responsibilities. The secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for corrections services and the performance of its powers, duties, functions, and responsibilities, all in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The deputy secretary for youth services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for youth services and the performance of its powers, duties, functions, and responsibilities, all in accordance with applicable civil service laws, rules, and regulations, all subject to budgetary control and applicable laws. Except as provided in R.S. 36:405(D) and Subsection A of this Section, each undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

NOTE: Subsection C effective until the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of Acts 2004, No. 7. See note below.

C. The duties and functions of the offices of management and finance and of the undersecretaries shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretaries shall perform such additional duties and functions as are assigned by the secretary.

NOTE: Subsection C as amended by Acts 2004 No. 7, §1, effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.

C. The duties and functions of the offices of management and finance and of the undersecretaries shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretaries for public safety services and for corrections services shall perform such additional duties and functions as are assigned by the secretary, and the undersecretary for youth services shall perform such additional duties and functions as are assigned by the deputy secretary for youth services.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 2004, No. 7, §1, eff. May 5, 2004.

NOTE: Acts 2004, No. 7, Section 7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. Provisions of R.S. 36:406(A), (B)(3) and (4), and (C) as contained in Acts 2004, No. 7, will be effective as provided in Section 7(B).

NOTE: See Acts 2004, No. 7, §§5 and 6, relative to implementation.