§261. Maintenance work by department employees; exceptions

A.(1) Except as otherwise provided in this Section, all maintenance operations shall be performed by the employees of the department. However, the department may, by contract or other means, arrange for the maintenance of any section or sections of highways or any of the facilities of the Department of Transportation and Development when, in the sole discretion of the secretary, there are not adequate employees to perform the maintenance work required by either federal or state law or sound engineering practices. The secretary shall give due consideration to budgetary constraints and employment restrictions prior to entering into any contract to perform maintenance work. All such contracts to individuals or private concerns, except individuals with disabilities or organizations serving individuals with disabilities, shall be in accordance with the public bid provisions of this Title.

(2) At the request of the governing authority of a municipality, a parish having a municipal type government, or a parish located within a standard metropolitan statistical area having a population of one million or more as determined by the latest federal decennial census or by the division of business and economic research of Louisiana Tech University under the most recent federal-state cooperative program for local population estimates, whichever is more recent, the work may be contracted out to such municipality or parish, but all such maintenance costs not to exceed the previous year's pro rata mileage cost of each category of state highway maintenance, shall be paid for by the state, provided that the state shall not be responsible for the maintenance of sewers, street lighting, gas and water mains, and other public utilities.

(3) At the request of the governing authority of a parish having a consolidated form of government, the work of roadside vegetation and drainage maintenance may be contracted out to the governing authority of such parish and shall be paid for by the state.

B. The department may arrange by contract with the Department of Public Safety and Corrections for the use of prison labor, and with the sheriff of each parish for the use of labor of its prisoners, to perform any maintenance functions, on the highways in the state system or any of the department's facilities located in parishes in which the department is unable, because of the inability to attract applicants, or due to budgetary or financial consideration is unable to employ sufficient labor to perform its maintenance functions. No contract may relieve the Department of Public Safety and Corrections or the sheriff of the duty to supervise and to maintain security of the prisoners at all times.

C. The use of prison labor shall in no way reduce the work force of any highway maintenance gang or cause the layoff of any classified employee.

D. All vacancies existing or occurring in highway maintenance gangs shall be filled in accordance with civil service rules and regulations.

E. In no event shall this Section be construed to permit the use of prisoners who:

(1) Have committed violent infractions while in prison; or

(2) Have been convicted one or more times of the crimes of aggravated or first degree rape, homicide in the first or second degree, armed robbery, kidnapping, aggravated escape, or any attempt to commit any of the above enumerated offenses.

F. The department may enter into maintenance agreements with the governing authorities of state levee districts for the upkeep of the medians and shoulders along state highway rights of way, including grass cutting and weed killing.

Amended by Acts 1968, No. 421, §1; Acts 1977, No. 291, §1; Acts 1978, No. 485, §1, eff. July 10, 1978; Acts 1981, No. 533, §1; Acts 1986, No. 568, §§1 and 2; Acts 1988, No. 506, §1, eff. July 10, 1988; Acts 1997, No. 915, §1; Acts 2003, No. 1064, §1; Acts 2011, No. 143, §1; Acts 2014, No. 811, §26, eff. June 23, 2014; Acts 2015, No. 184, §5.