Meetings
 
Louisiana Board of Ethics
LaSalle Building
First Floor - Griffon Room
AUGUST 16, 2012
12:00 PM
617 North 3rd Street
Baton Rouge, Louisiana

Note: Meetings begin on August 16, 2012 and continue to August 17, 2012.

Executive Session
Consideration of complaints and reports deemed confidential pursuant to Section 1141 of the Code of Governmental Ethics.

Louisiana Board of Ethics
LaSalle Building
First Floor - LaBelle Room
AUGUST 17, 2012
9:00 AM
617 North 3rd Street
Baton Rouge, Louisiana

GENERAL
Appearances
G1. Docket No. EABSELC
Appearance by Ann Wise, Director of the Division of Administrative Law, to select an alternate administrative law judge to serve on the Ethics Adjudicatory Board.
G2. Docket No. 12-008
Reconsideration of a waiver request submitted by Chris Ardoin regarding a $1,500 late fee for filing his 2009 Tier 3 candidate pfd 309 days late.
G3. Docket No. 12-149
Appearance regarding an advisory opinion as to whether Kira-Orange Jones may continue to be the Executive Director for Teach for America-Greater New Orleans while she serves as a member of the BESE Board.
G4. Docket No. 12-358
Appearance in connection with a request for reconsideration of the $3,000 and $1,000 campaign finance late fees assessed against Louisiana Orthopaedic PAC, a political action committee, whose 30-P and 10-P campaign finance disclosure reports were filed 26 and 5 days late.
G5. Docket No. 12-721
Appearance in connection with a request that the Board waive the $3,000 and $3,000 campaign finance late fees assessed against Baton Rouge Youth Movement, a political action committee, whose Special and 40-G campaign finance disclosure reports were filed 20 and 60 days late.
G6. Docket No. 12-890
Appearance with connection of request for an advisory opinion concerning whether: 1.) the Board of Commissioners for the Bossier Levee District may receive a donation of the right of way/servitude from Palmetto Farms, L.L.C. (Palmetto Farms) when Mr. Dennis Branton (a member of the Bossier Levee Board) is a part owner of Palmetto Farms; 2.) the Levee District may appropriate a temporary right of way/servitude of passage according to La. R.S. 38:301( C)(1)(e); and/or 3.) the necessary borrow material for the project may be acquired from Palmetto Farms while Mr. Branton serves on the Levee District.
G7. Docket No. 12-996
Waiver request submitted by E. R. Giles regarding a $1,500 late fee assessed for filing his amended 2008 Tier 2.1 annual pfd 883 days late.
G8. Docket No. 12-1043
Declaratory opinion request regarding whether the father of Brett Stassi, sheriff for Iberville Parish, can continue to write bail bonds for persons arrested by the Iberville Parish Sheriff's Office.
G9. Docket No. 12-1357
Request that the Board waive the $540 campaign finance late fee assessed against Warren L. Montgomery, a candidate for Judge, 22nd JDC, Division C, in the October 4, 2008 election, whose Supplemental campaign finance disclosure report was filed 9 days late.
G10. Docket No. 12-1360
Appearance in connection with a request that the Board waive the $400 and $360 campaign finance late fees assessed against Alvin Jackson, a candidate for Mayor in the March 24, 2012 election, whose 10-G and EDE-G campaign finance disclosure reports were filed 29 and 9 days late.
Consent Agenda, Consent Opinions
&
Items Requiring No Board Action
G11. Docket No. 10-147
Consent opinion regarding Michael Muscarello, an Independence city councilman, providing services to the town through a subcontract.
G12. Docket No. 10-975
Consent opinion regarding an Alderman for the Town of Independence, Michael Muscarello, soliciting business from a company that has a business relationship with the Town.
G13. Docket No. 11-959
Consent opinion regarding Mark Jeansonne, a successful candidate for District Judge, 12th JDC in the October 4, 2008 election, received contributions in excess of his contribution limits.
G14. Docket No. 12-146
Advisory opinion regarding whether Valerie Harvey may become a contract employee with Northwestern State University (NSU).
G15. Docket No. 12-676
Request to amend advisory opinion issued at the June 2012 meeting regarding the Port Sulphur Ace Hardware, Inc., which is owned by Connie Little, transacting business with a company that has a contract with Ms. Little's agency, the Plaquemines Parish Hospital Service District #1.
G16. Docket No. 12-769
Advisory opinion regarding Daniel Veals providing services to Secure Nation while it has a contract with Louisiana Housing Finance Association (LHFA) and his father, Danny Veals, serves as LHFA's IT Director.
G17. Docket No. 12-902
Advisory opinion request regarding whether Andrew LeBas may provide engineering services to Volkert, Inc. on projects with the Louisiana Department of Transportation and Development (DOTD) at a time when his mother, Sheri LeBas, serves as the Secretary of DOTD.
G18. Docket No. 12-1011
Advisory opinion regarding whether Burl Cain, Warden at the Louisiana State Penitentiary (LSP), may provide consulting services to privately managed prison facilities and transitional work programs.
G19. Docket No. 12-1152
Advisory opinion regarding whether the members of the East New Orleans Neighborhood Advisory Commission are required to file annual personal financial disclosure statements.
G20. Docket No. 12-1153
Advisory opinion request regarding whether the end of a person's public service is the date of his resignation or the date his successor is appointed in connection with such resigning member's filing requirements under Tier 2.1.
G21. Docket No. 12-1175
Advisory opinion regarding whether the Medical Director, Dr. Casey McVea, of the Rayburn Correctional Facility is prohibited from being employed with the entity that may be engaged to manage the prison facility, if state prisons are privatized.
G22. Docket No. 12-1176
Advisory opinion regarding the post employment restrictions on Theresa Willams, an Accountant 4 employed with DNR, after her retirement.
G23. Docket No. 12-1184
Advisory Opinion request regarding the post employment restrictions on Mr. Scott Jenkins, an "accounts payable" accountant for Fletcher Technical Community College (FTCC).
G24. Docket No. 12-1241
Advisory opinion request as to whether, Debby Mayne, an employee of the Paul and Lulu Hilliard University Art Museum at University Louisiana at Lafayette (ULL), may accept two airline tickets won at a luncheon and trade show hosted by the Lafayette Convention and Visitors Commission (LCVC).
G25. Docket No. 12-1252
Consideration of a disqualification plan involving the promotion and supervision of Bridgett Bartlett, assistant principal with the Winn Parish School System, while her father-in-law, Steve Bartlett, serves as the Superintendent of the Winn Parish School System.
G26. Docket No. 12-1254
Advisory opinion regarding whether John Watson may be promoted from Assistant Superintendent of the Livingston Parish School Board to Superintendent while his brother, James Watson, serves as a member of the Livingston Parish School Board.
G27. Docket No. 12-1256
Advisory Opinion regarding the Charles W. Lamar, Jr. YMCA offering free trial membership weeks to state employees.
G28. Docket No. 12-1257
Advisory opinion regarding whether the New Orleans Public Library Executive Assistant to the Library Director, Lawrence Williams, may seek part-time employment with the New Orleans Public Library Foundation.
G29. Docket No. 12-1260
Advisory opinion request regarding whether the provision of insurance services to St. John the Baptist Parish by Riverlands Insurance is prohibited now that its Producer has married the Director of Communications for St. John the Baptist Parish.
G30. Docket No. 12-1376
Advisory opinion regarding whether Lisa Luccous, the editor/publisher of the Caddo Citizen Newspaper, may be employed as the Secretary to the Town of Vivian Chief of Police and Clerk of Court.
Regular Business
G31. Docket No. MINUTES
July 2012 Board Minutes
G32. Docket No. 11-1673
Reconsideration of a waiver request submitted by Warren Founds regarding a $2,500 late fee assessed for filing his 2008 Tier 2 annual pfd 445 days late.
G33. Docket No. 11-1674
Reconsideration of a waiver request of Warren Founds, Jr. regarding a $2,500 late fee assessed for his filing of his 2009 Tier 2 annual pfd 445 days late.
G34. Docket No. 12-352
Reconsideration of a request that the Board waive the $480 campaign finance late fee assessed against Marva A. Lumar, a candidate for St. John the Baptist Clerk of Court, in the October 22, 2011 election, whose EDE-P campaign finance disclosure report was filed 8 days late.
G35. Docket No. 12-355
Reconsideration of a request that the Board waive the $360 and reassessed $600 campaign finance late fees assessed against Cynthia N. Robertson, a candidate for State Representative, District 5, in the October 22, 2011 election, whose EDE-P campaign finance disclosure report was filed 6 days late.
G36. Docket No. 12-360
Reconsideration of a request that the Board waive the $1,600 campaign finance late fee assessed against Health Agents PAC, a political action committee, whose 10-G campaign finance disclosure report was filed 8 days late
G37. Docket No. 12-418
Reconsideration of a waiver request submitted by Darrel Rivere regarding a $1,500 late fee for filing his 2009 Tier 2.1 pfd 90 days late.
G38. Docket No. 12-419
Reconsideration of a waiver request submitted by Stanley Washington regarding $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 62 days late.
G39. Docket No. 12-424
Reconsideration of a waiver request submitted by Ellen Thompson regarding a $1,500 late fee assessed for filing her 2010 Tier 2.1 annual pfd 46 days late.
G40. Docket No. 12-427
Reconsideration of a waiver request submitted by Ann Breland regarding a $1,500 late fee assessed for filing her 2009 Tier 3 candidate pfd 405 days late.
G41. Docket No. 12-455
Reconsideration of a waiver request submitted by Keith Howard regarding a $550 late fee assessed for filing his 2008 Tier 2.1 annual pfd 11 days late
G42. Docket No. 12-496
Reconsideration of a waiver request submitted by Calvin Fayard, III regarding a $1,500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 289 days late.
G43. Docket No. 12-497
Reconsideration of a waiver request submitted by John Cole regarding a $1,500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 277 days late.
G44. Docket No. 12-500
Reconsideration of a waiver request submitted by Robert Bruno regarding a $1,500 assessed for filing his 2010 Tier 2.1 annual pfd 156 days late.
G45. Docket No. 12-503
Reconsideration of a waiver request submitted by Thomas Atkinson, Jr. regarding a $1,500 late fee assessed for filing his amended 2009 Tier 2.1 pfd 393 days late.
G46. Docket No. 12-507
Reconsideration of a waiver request submitted by Lisa Houston regarding a $1,500 late fee for filing her 2009 Tier 3 candidate pfd 673 days late.
G47. Docket No. 12-508
Reconsideration of a waiver request submitted by Arnie Fielkow regarding a $2,500 late fee assessed for filing his amended 2009 Tier 2 annual pfd 328 days late.
G48. Docket No. 12-666
Advisory opinion regarding the staff of the private non-profit organization, Acadiana Works, Inc. (AWI), and whether they are classified as "public servants" as defined by the Louisiana Code of Governmental Ethics and thus subject to the training requirement of La. R.S. 42:1170(3).
G49. Docket No. 12-706
Advisory opinion regarding whether the members of the board and staff of the private non-profit organization, Northeast Louisiana Workforce Centers, Inc. (NLWC), are "public servants" as defined by the Louisiana Code of Governmental Ethics and thus subject to the training requirement of La. R.S. 42:1170(3).
G50. Docket No. 12-894
Advisory opinion from Chief Carlos Stout of the Carencro Police Department concerning whether a Chief of Police for a municipality can work private security details within his jurisdiction.
G51. Docket No. 12-895
Advisory opinion regarding whether members of the legislature may purchase movie tax credits under the Louisiana Motion Picture Tax Incentive Act and historic tax credits administered by the Louisiana Division of Historic Preservation.
G52.   WAIVER REQUESTS - CAMPAIGN FINANCE
  Docket No. Chart
August 2012 CFDA Waiver Request Chart
  Docket No. 12-759
Request that the Board waive the $1,980 campaign finance late fee assessed against J. Chandler Loupe, a candidate for East Baton Rouge Parish Metro District Council, District 3 in the October 4, 2008 election, whose Annual campaign finance disclosure report was filed 33 days late.
  Docket No. 12-1130
Request that the Board waive the $480 campaign finance late fee assessed against Tarvald A. Smith, a candidate for East Baton Rouge Parish School Board, in the October 2, 2010 election, whose Supplemental campaign finance disclosure report was filed 8 days late.
  Docket No. 12-1358
Request that the Board waive the $1,000 campaign finance late fee assessed against Citizens for BREC, a political action committee whose Annual report was filed 1095 days late.
  Docket No. 12-1359
Request that the Board waive the $1,000 and $200 campaign finance late fees assessed against Ray Lauga, Jr., a candidate for St. Bernard Parish Council, District A, in the October 22, 2011 election, whose 10-G and 40-G campaign finance disclosure reports were filed 231 and 5 days late.
  Docket No. 12-1361
Request that the Board waive the $840, $840 and $540 campaign finance late fees assessed against Linda Dyess Stewart, a candidate for Rapides Parish Clerk of Court, in the October 22, 2011 election, whose two (2) Specials and 10-P campaign finance disclosure reports were each filed 14, 14, and 9 days late.
  Docket No. 12-1362
Request that the Board waive the $1,000 campaign finance late fee assessed against Norbert P. Rome, a candidate for Orleans Councilman-at-Large, in the March 24, 2012 election, whose 10-G campaign finance disclosure report was filed 10 days late.
  Docket No. 12-1365
Request that the Board waive the $400 campaign finance late fee assessed against Myron Matherne, a candidate for Assumption Parish Police Juror, in the October 22, 2011 election, whose EDE-P campaign finance disclosure report was filed 211 days late.
  Docket No. 12-1366
Request that the Board waive the $600 and $600 campaign finance late fees assessed against Kendric Stewart, a candidate for Washington Parish Clerk of Court, in the October 22, 2011 election, whose 30-P and 10-P campaign finance disclosure reports were filed 250 and 230 days late.
  Docket No. 12-1367
Request that the Board waive the $1,200 campaign finance late fee assessed against Cynthia Willard-Lewis, a candidate for State Senate, 3rd District, in the March 24, 2012 election, whose 10-G campaign finance disclosure report was filed 12 days late.
  Docket No. 12-1368
Request that the Board waive the $600, $2,000, and $2,000 campaign finance late fees assessed against John J. Friedman, a candidate for State Representative, District 105, in the October 22, 2011 election, whose 10-P, EDE-P and 10-G campaign finance disclosure reports were 126, 104, and 98 days late.
  Docket No. 12-1369
Request that the Board waive the $900 campaign finance late fee assessed against Mitchell Theriot, a candidate for Judge, 1st Circuit Court of Appeal, Sec. 1, Div. B, in the November 6, 2012 election, whose 180-P campaign finance disclosure report was filed 9 days late.
  Docket No. 12-1370
Request that the Board waive the $600 late fee assessed against Ronald L. Rodgers, Jr., a candidate for State Representative, District 63, in the October 22, 2011 election, whose EDE-P campaign finance disclosure report was filed 234 days late.
  Docket No. 12-1371
Request that the Board waive the $3,000 campaign finance late fee assessed against Adams and Reese, a political action committee, whose Monthly campaign finance report was filed 76 days late.
  Docket No. 12-1372
Request that the Board waive the $400 campaign finance late fee assessed against Traci Ackerman Fletcher, a candidate for St. Charles Parish Council, in the October 22, 2011 election, whose EDE-P campaign finance disclosure report was filed 190 days late.
  Docket No. 12-1373
Request that the Board waive the $809 campaign finance late fee assessed against Michael A. Ragusa, a candidate for Mayor of the Town of Independence in the March 24, 2012 election, whose 40-G campaign finance disclosure report was filed 11 days late.
  Docket No. 12-1374
Request that the Board waive the $400 campaign finance late fee assessed against Vanessa Guidry-Whipple, a candidate for 1st Circuit Court of Appeal, 1st District, Div. D, in the November 6, 2012 election, whose 180-P campaign finance disclosure report was filed 4 days late.
G53.   WAIVER REQUESTS - PERSONAL FINANCIAL DISCLOSURE
  Docket No. CHART
August 2012 PFD Waiver Request Chart
  Docket No. 12-871
Waiver request submitted by Charles Coleman regarding a $1,500 late fee assessed for filing his 2010 Tier 3 candidate pfd 62 days late.
  Docket No. 12-872
Waiver request submitted by Jimmie Meadows regarding a $1,500 late fee assessed for filing his 2010 Tier 3 annual pfd 59 days late.
  Docket No. 12-1165
Waiver request submitted by Henry Maitre, III regarding a $2,500 late fee assessed for filing his amended 2010 Tier 2 annual pfd 144 days late.