Louisiana § RS 36:356 - Undersecretary; functions; office of administration

§ RS 36:356. Undersecretary; functions; office of administration

            A.(1) There shall be an undersecretary of the Department of Conservation and Energy, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for the position by the legislature while in session.

            (2) The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary but for this Subsection, and shall otherwise be vested with the authority provided in the Section.

            B. Subject to R.S. 39:1 et seq., the undersecretary shall direct and be responsible for the functions of the office of administration and the Louisiana Natural Resources Trust Authority within the Department of Conservation and Energy. In this capacity, the undersecretary shall be responsible for accounting and budgetary oversight, systems of internal control and financial compliance, procurement and contract management, information technology and data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Conservation and Energy, except as otherwise specifically provided in this Title. The undersecretary shall employ, appoint, remove, assign, and promote personnel as is necessary for the efficient administration of the office of administration and the Louisiana Natural Resources Trust Authority and the performance of their powers, duties, functions, and responsibilities, 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 undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

            C.(1) The duties and functions of the office of administration and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary. The undersecretary shall:

            (a) Ensure internal-control mechanisms to safeguard departmental assets and promote compliance with financial, administrative, and regulatory requirements. This responsibility shall include developing and enforcing written policies and procedures for the prevention and detection of fraud, waste, and abuse, as well as for proper budgeting, accounting, and reporting practices.

            (b) Coordinate and oversee auditing, both internal and external, to evaluate the department's fiscal integrity and operational compliance. This shall include the authority to:

            (i) Initiate or recommend financial, performance, and compliance audits of divisions, programs, or processes within the department.

            (ii) Collaborate with the legislative auditor or any external auditor authorized by law, ensuring prompt access to records and cooperation by departmental staff.

            (iii) Review and respond to audit findings, develop corrective-action plans, and monitor their implementation to resolve deficiencies.

            (c) Regularly report to the secretary on the department's financial status, the results of any internal or external audits, and identified risks or potential areas of concern. In connection therewith, the undersecretary shall recommend policies, practices, or remedial actions necessary to enhance accountability and protect the department's resources.

            (d) Have the authority to investigate personnel matters within the department, including allegations of misconduct, inefficiency, or violations of department policies, and to recommend to the secretary appropriate disciplinary action, consistent with civil service laws, rules, and regulations.

            (e) Have the authority to utilize the services of contracted third-party firms to assist in the administration and management of the department.

            (2) With express permission from the commissioner of administration, this Subsection may be exempt from R.S. 39:1551 et seq.

            Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.