EXECUTIVE ORDER MJF 02-29

Executive Branch--Expenditure Freeze


WHEREAS,   pursuant to the provisions of Article IV, Section 5 of the Louisiana Constitution of 1974, as amended, and Act No. 13 of the 2002 Regular Session of the Louisiana Legislature, the governor may issue executive orders which reduce the expenditure of funds by the various agencies in the executive branch of state government (hereafter "expenditure freeze"); and

WHEREAS,   to ensure that the state of Louisiana will not suffer a budget deficit due to fiscal year 2002-2003 appropriations exceeding actual revenues, prudent money management practices dictate that the best interests of the citizens of the state of Louisiana will be served by implementing an expenditure freeze throughout the executive branch of state government to achieve a state general fund savings of at least seventy-five million dollars ($75,000,000) for the remainder of the 2002-2003 fiscal year;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1:   The following departments, agencies, and/or budget units of the executive branch of the state of Louisiana, as described in and/or funded by appropriations through Act No. 13 of the 2002 Regular Session of the Louisiana Legislature (hereafter "Act No. 13"), (hereafter "Unit" and/or "Units") shall reduce expenditure of funds appropriated to the Unit from the state general fund by Act No. 13, in the amounts shown below:

Departments State General Fund
Executive Department
Schedule 01

$ 4,623,778

Secretary of State
Budget Unit 04-139

$ 207,705

Office of the Attorney General
Budget Unit 04-141

$ 653,908

Commissioner of Elections
Budget Unit 04-144

$ 274,557

Lieutenant Governor
Budget Unit 04-146

$ 62,351

State Treasurer
Budget Unit 04-147

$ 72,103

Agriculture and Forestry
Budget Unit 04-160

$ 1,643,044

Department of Culture, Recreation and Tourism
Schedule 06

$ 2,228,966

Department of Transportation and Development
Schedule 07

$ 82,795

Department of Public Safety and CorrectionsCorrections Services
All Corrections Services Budget Units in Schedule 08

$ 4,455,344

Department of Health and Hospitals
Schedule 09

$ 48,378,456

Department of Social Services
Schedule 10

$ 2,201,148

Department of Natural Resources
Schedule 11

$ 472,858

Department of Revenue
Schedule 12

$ 166,532

Department of Labor
Schedule 14

$ 187,126

Department of Civil Service
Schedule 17

$ 94,867

Department of Education All Department of Education
Budget Units in Schedule 19 (except 19-695 & 19-699)

$ 8,290,595

Louisiana State University Health Science Center Health Care Services Division
Budget Unit 19-610

$ 28,242

Other Requirements
Schedule 20

$ 875,626

SECTION 2:

A. No later than October 15, 2002, the head of each Unit listed in Section 1 of this Order shall submit to the commissioner of administration (hereafter "commissioner") a mid-year budget adjustment plan, on the BA-7 form and questionnaire revised January 30, 2001, which reflects the Unit's proposed allocation of the expenditure freeze ordered in Section 1 of this Order (hereafter "mid-year budget adjustment plan"), and a description of the methodology used to formulate the mid-year budget adjustment plan.

B. In the event that positions of employment will be affected by the mid-year budget adjustment plan, the description of the methodology used to formulate the mid- year budget adjustment plan shall include, at a minimum, the following information for each position of employment proposed to be affected:

1. the type of position of employment to remain vacant, including job title;

2. the job function of the position of employment and an analysis of how it meets or serves the role, scope, and/or mission of the Unit; and

3. a description of why the particular position of employment was selected to remain vacant.

C. No Unit shall implement the expenditure freeze mandated by Section 1 of this Order without the commissioner's prior written approval of the Unit's mid-year budget adjustment plan.

D. After the commissioner has given approval of a Unit's mid-year budget adjustment plan, any change to the mid-year budget adjustment plan requires prior written approval from the commissioner.

SECTION 3:   If full or partial implementation of the expenditure freeze mandated in Section 1 of this Order will prevent a statewide elected official from being able to perform and/or fulfill his or her constitutional functions and/or duties, the commissioner is authorized to grant the statewide elected official an exemption from Section 1 to the extent necessary.

SECTION 4:   The commissioner of administration is authorized to develop additional guidelines as necessary to facilitate the administration of this Order.

SECTION 5:   All departments, commissions, boards, offices, entities, agencies, and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate in the implementation of the provisions of this Order.

SECTION 6:   This Order is effective upon signature and shall remain in effect through June 30, 2003, unless amended, modified, terminated, or rescinded prior to that date.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 24th day of September, 2002.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State