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2008-984a
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
. ..F '' '' : DEPARTMENT OF STATE CIVIL SERVICE
s'� 1n" LOUISIANA BOARD OF ETHICS
II P. O. BOX 4368
�.L • i BATON ROUGE, LA 70821
�.
(225) 219-5600
FAX: (225) 381 -7271
1- 800 - 842 -6630
www.ethics.state.la.us
December 14, 2009
Mr. Kevin Wildes, S. J., Ph.D.
6363 St. Charles Avenue
Campus Box 9
New Orleans, Louisiana 70118 -6143
Re: Ethics Board Docket No. 2008 - 984a
Dear Mr. Wildes:
The Louisiana Board of Ethics, at its November 20, 2009 meeting, considered your request for
reconsideration of an advisory opinion issued on December 16, 2008 stating that the members of the
City of New Orleans Ethics Review Board were not subject to the annual personal financial
disclosure requirements under Section 1124.2.1 of the Code of Governmental Ethics. You stated
that after the issuance of the December 16, 2008 advisory opinion, the City of New Orleans amended
its Home Rule Charter to provide for the guaranteed funding of the Ethics Review Board. However,
you stated that the Ethics Review Board still does not have the authority to expend, disburse or invest
$10,000 or more in funds. You stated that the Ethics Review Board still must first seek approval
from the Chief Administrative Officer before any expenditure may be made. The CAO holds final
authority on the expenditure of any funds.
The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would
not require the members of the City of New Orleans Ethics Review Board to file annual financial
disclosure reports pursuant to Section 1124.2.1 of the Code. Section 1124.2.1 of the Code provides
that each member and any designee of a member of a board or commission that has the authority to
expend, disburse, or invest ten thousand dollars or more of funds in a fiscal year shall file financial
disclosure statements. Since the City of New Orleans Ethics Review Board does not have the
authority to expend, disburse or invest $10,000 or more in funds nor does it have the authority to
make recommendations that must be followed on the expenditure, disbursement or investment of
such funds, the City of New Orleans Ethics Review Board is not subject to the financial disclosure
laws.
The Board issues no opinion as to laws other than the Code of Governmental Ethics. If you have any
questions, please contact me at (800) 842 -6630 or (225) 763 -8777.
Sincerely,
LOIJ IANA BOARD OF ETHICS
1 A I1,A
Tracy K. lr - yer f
For the Board
AN EQUAL OPPORTUNITY EMPLOYER