Section 36:8 - Fiscal oversight and program evaluationA. In discharging the responsibilities of accounting and budget control and management and program analysis, the undersecretary shall have the following powers: (1) To direct, conduct, and supervise evaluations and analyses of programs and operations of the department and its agencies and offices.(2) To review department operations, procedures, rules, and regulations for efficiency, economical management, and conservation of resources and to specify uneconomical practices.(3) To review and evaluate department programs to determine: (a) whether the program is meeting goals and objectives established by the legislature, or in lieu thereof by the department; (b) whether the program is conducted as effectively and efficiently as possible in terms of services rendered, benefits achieved, and purposes accomplished and in terms of economic costs; (c) whether the program should be modified or eliminated; and (d) what specific changes, if any, should be made in the program. Any such review shall develop and employ relevant and valid criteria and techniques of study which will measure real program effects, which will demonstrate in factual terms results or effects of the program which are related to its goals and objectives, and/or which will measure the effectiveness and efficiency of the operations and administration of the program against objective standards.(4) To review existing and proposed laws, regulations, and policies pertaining to the operations and programs of the department and report to the secretary, and under his direction to the governor, Senate, and House of Representatives, the impact of such existing and proposed laws and regulations on the efficiency, economy, and effectiveness of the department and to make recommendations for changes in such existing or proposed laws and regulations to improve efficiency, economy, and effectiveness of the department.(5) To inform the secretary, and under his direction the governor, commissioner of administration, Senate, and House of Representatives, through reports of problems within the department and recommendations for corrective measures.(6)(a) Each undersecretary under this Section shall conduct a review and analyze the department and its revenues, agencies, the various boards, commissions, and other such entities that may be attached to the department. The review and analysis conducted by the undersecretary shall identify any legislation which has been implemented and has been operational for at least six months in the prior year that affects the department, its revenue, agencies, or other entities under its control and has a fiscal impact which has increased by the amount of one million dollars or more over the amount of the fiscal note as the bill was enacted. The review and analysis shall also examine the impact to the department and its related entities in terms of operations or personnel. Each undersecretary shall compile the report and submit it to the department secretary. The report shall be in a manner as provided by R.S. 24:653(L)(2). The secretary shall review the report and submit the report to the commissioner of administration no later than September thirtieth of each year.(b) The commissioner of administration shall review the reports as required by Subparagraph (a) of this Paragraph, and shall submit all reports from the departments to the Joint Legislative Committee on the Budget by October thirtieth of each year in accordance with the provisions of R.S. 24:653(L).B.(1) The undersecretary shall, prior to November twenty-fifth of each year, submit to the secretary an annual report summarizing the activities of his office relating to management and program analysis conducted pursuant to this Section for the preceding fiscal year. The secretary shall, prior to December fifth, submit the report to the governor, to the commissioner of administration, to the House Committee on Appropriations, to the Senate Committee on Finance, and to the standing committee of each house of the legislature having responsibility for oversight of the department as provided in R.S. 49:966. The report shall be prepared in the manner prescribed by the commissioner of administration and shall be accompanied by such other information as the commissioner may require.(2) Such report shall include:(a) A description of significant problems, deficiencies, and abuses relating to the administration and management of programs and operations within the department.(b) Corrective measures recommended by the office for those problems identified pursuant to Paragraph (1) of this Subsection.(c) An identification of significant recommendations in previous reports on which no action has been taken.(d) A summary of reports made to the secretary pursuant to this Section.(e) A list and brief summary of program evaluations made by the office.(f) A report of progress toward accomplishment of the goals and objectives in the department's five-year strategic plans, including but not limited to an analysis of actual performance achieved, an explanation of the internal operating factors as well as the external factors, which are beyond the control of the department, that affected the achievement of department goals and objectives, and a description of actions needed to address significant variances between the department's strategic goals and objectives and actual performance.C.(1) The legislative committees which receive reports as provided in Subsection B of this Section shall conduct hearings to review such reports.(2) The undersecretary is authorized to make, from time to time, to the secretary, and subject to his direction to the appropriate legislative committees, reports concerning matters relating to program evaluations and other studies conducted by the office.D. The undersecretary may receive and investigate complaints by employees of the department concerning possible violations of laws, rules, or regulations or waste or mismanagement of department funds or resources. The identity of any employee making such a complaint shall not be disclosed to any person without the consent of such employee. Any employee making such a complaint who reasonably believes that a violation of law or of a rule or regulation has occurred or who reasonably believes waste or mismanagement has occurred shall be free from discipline or reprisal for making such complaint. No employee with authority to hire and fire, supervisor, agency head, or elected official shall subject any public employee to reprisal because of any such complaint by an employee.E. As used in this Section, the following words shall have the following meanings unless the context clearly indicates otherwise:(1) "Secretary" means the chief administrative officer of each department of the executive branch of state government, except that with respect to agencies of the Department of Education transferred under the provisions of R.S. 36:651(K), "secretary" means the Louisiana Student Financial Assistance Commission, with respect to the Department of Public Service, "secretary" means the Public Service Commission, and with respect to the Department of State Civil Service, "secretary" means the State Civil Service Commission, through the director of state civil service.(2) "Undersecretary" means the undersecretary of each department in the executive branch of state government, except "undersecretary" means the following in the case of the listed departments:(a) For the Department of State Civil Service, the State Civil Service Commission through the director.(b) For the Department of Agriculture, the assistant commissioner for management and finance.(c) For the Department of Education, the deputy superintendent for management and finance, except that "undersecretary" means the chairman as provided in R.S. 17:3022(A), with respect to any agency transferred under the provisions of R.S. 36:651(K).(d) For the Department of Children and Family Services, the secretary; however, for the purposes of Paragraph (A)(2) and Subsection D of this Section, "undersecretary" shall mean the undersecretary for the division of management and finance for the department. In addition, for purposes of Paragraph (A)(5) of this Section, reports of problems related to budget, finances, or administration shall be the responsibility of the undersecretary as provided in Paragraph (A)(5) of this Section, and reports of problems related to programs and policy shall be the direct responsibility of the secretary. Any provision of this Section that requires the undersecretary to report to or inform the secretary shall not be applicable to the Department of Children and Family Services for any function or responsibility exercised by the secretary pursuant to this Subparagraph.(e) For the Department of Insurance, the deputy commissioner for management and finance.(f) For the Department of Justice, the chief of the office (division) of management and finance.(g) For the Department of Public Service, the executive secretary of the Public Service Commission.(h) For the Department of State, the secretary of state.(i) For the Department of the Treasury, the deputy state treasurer for management and finance.(j) Repealed by Acts 2018, No. 380, §8, eff. June 30, 2018.Added by Acts 1982, No. 160, §1. Amended by Acts 1987, No. 230, §1; Acts 1995, No. 911, §1, eff. June 28, 1995; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Acts 2004, No. 20, §1, eff. July 1, 2004; Acts 2008, No. 314, §1, eff. June 17, 2008; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2013, No. 96, §3, eff. July 1, 2013; Acts 2018, No. 380, §§2, 8, eff. June 30, 2018.Amended by Acts 2018, No. 380,s. 2 and 8, eff. 6/30/2018.Amended by Acts 2013, No. 96,s. 3, eff. 7/1/2013.Added by Acts 1982, No. 160, §1. Amended by Acts 1987, No. 230, §1; Acts 1995, No. 911, §1, eff. 6/28/1995; Acts 2001, No. 451, §5, eff. 1/12/2004; Acts 2004, No. 20, §1, eff. 7/1/2004; Acts 2008, No. 314, §1, eff. 6/17/2008; Acts 2008, No. 743, §3, eff. 7/1/2008; Acts 2010, No. 877, §1, eff. 7/1/2010.See Acts 2001, No. 451, §§8 and 9, relative to effective date of Act.
Acts 2005, 1st Ex. Sess., No. 4, eff. Nov. 18, 2005, suspended the provisions of R.S. 36:8(B)requiring annual report of management and program analysis for FY 2004-2005.
See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.