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2008-984a
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Last modified
7/12/2021 3:49:32 PM
Creation date
4/20/2010 10:13:15 AM
Metadata
2008-984a
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2008-984a
Requesting Party
Kevin Wildes, S.J.
Parties Involved
Kevin Wildes, S.J.
Agency at Issue
City of New Orleans Ethics Review Board
Decision Date
11/20/2009
Law
11242.1
Caption
The Code would not require members of the New Orleans Ethics Review Board to file annual financial disclosure reports pursuant to 1124.2.1
Ethics Subject Matters
Disclosure - Other
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STATE OF LOUISIANA <br /> , i""�: DEPARTMENT OF STATE CIVIL SERVICE <br /> ;'��`n�}n" LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> I. , ,L.N BATON ROUGE,LA 70821 <br /> �. <br /> (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> December 14, 2009 <br /> Mr. Kevin Wildes, S. J., Ph.D. <br /> 6363 St. Charles Avenue <br /> Campus Box 9 <br /> New Orleans, Louisiana 70118-6143 <br /> Re: Ethics Board Docket No. 2008-984a <br /> Dear Mr. Wildes: <br /> The Louisiana Board of Ethics, at its November 20, 2009 meeting, considered your request for <br /> reconsideration of an advisory opinion issued on December 16,2008 stating that the members of the <br /> City of New Orleans Ethics Review Board were not subject to the annual personal financial <br /> disclosure requirements under Section 1124.2.1 of the Code of Governmental Ethics. You stated <br /> that after the issuance of the December 16,2008 advisory opinion,the City of New Orleans amended <br /> its Home Rule Charter to provide for the guaranteed funding of the Ethics Review Board. However, <br /> you stated that the Ethics Review Board still does not have the authority to expend,disburse or invest <br /> • $10,000 or more in funds. You stated that the Ethics Review Board still must first seek approval <br /> from the Chief Administrative Officer before any expenditure may be made. The CAO holds final <br /> authority on the expenditure of any funds. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not require the members of the City of New Orleans Ethics Review Board to file annual financial <br /> disclosure reports pursuant to Section 1124.2.1 of the Code. Section 1124.2.1 of the Code provides <br /> that each member and any designee of a member of a board or commission that has the authority to <br /> expend,disburse,or invest ten thousand dollars or more of funds in a fiscal year shall file financial <br /> disclosure statements. Since the City of New Orleans Ethics Review Board does not have the <br /> authority to expend, disburse or invest $10,000 or more in funds nor does it have the authority to <br /> make recommendations that must be followed on the expenditure, disbursement or investment of <br /> such funds, the City of New Orleans Ethics Review Board is not subject to the financial disclosure <br /> laws. <br /> The Board issues no opinion as to laws other than the Code of Governmental Ethics. If you have any <br /> questions, please contact me at (800) 842-6630 or(225) 763-8777. <br /> Sincerely, <br /> LOIJA; IANAA BOARD OF ETHICS <br /> IlL All A <br /> • Tracy K. lr-yer <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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