Meetings
 
Agenda Item
Docket No. 13-1074
 
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RE:
Advisory opinion regarding whether the Lobbying Laws under the jurisdiction of the Board of Ethics apply to members of the Louisiana State Board of Dentistry.
Facts:
General Counsel for the Louisiana State Board of Dentistry asks the following questions in regards to the members of the Dentistry Board:

1) Are Board members state employees as set forth 24:56.

2) Are state employees and public servants the same?

3)What is the effect of L.R.S. 42:55 which defines public employees as Board officers and its employee?

4)What is the effect of L.R. S. 42:62 which states that employment does not include appointed officials?


5) May the members approach their own legislators regarding legislation affecting the practice of dentistry or dental hygiene?

6)What is the effect of L.R.S. 42:55 which defines public employees as Board officers and its employee?

7) May they approach their own legislators regarding legislation having nothing to do with the regulation of dentistry or dental hygiene?

8)Must they register as lobbyist if the answer to the questions are in the affirmative?

Law:
R.S. 24:56F provides that "[n]o state employee in his official capacity or on behalf of his employer shall lobby for or against any matter intended to have the effect of law pending before the legislature or any committee thereof. Nothing herein shall prohibit the dissemination of factual information relative to any such matter or the use of public meeting rooms or meeting facilities available to all citizens to lobby for or against any such matter."

"Lobby" is defined as "(a) Any direct act or communication with a legislator, the purpose of which is to aid in influencing the passage or defeat of any legislation. (b) Any preparation or research specifically intended, at the time it is performed, for use in or in support of any ongoing or planned direct act or communication with a legislator, the purpose of which is to aid in influencing the passage or defeat of any legislation. (c) Conducting or attending a meeting the purpose of which is to discuss direct communication with a legislator to aid in influencing the passage or defeat of any legislation."

R.S. 24:51(5)(b) provides that ""lobbyist" shall not mean a person who does not make any direct act or have any direct communication with a legislator for the purpose of influencing the passage or defeat of any legislation."

R.S. 24:52 provides that "[t]he provisions of this Part shall not apply to an elected official or any designees of the elected official, when such designee is a public employee and when such elected official or public employee is acting in the performance of his or her official public duties."

Section 1102(18) defines "public employee" to include anyone, whether compensated or not, appointed by an elected official to a post to serve the governmental entity or an agency thereof or anyone performing a governmental function.



Section 1102 (19) defines public servant as a public employee or elected official.



Pre-1980 (April 1, 1980) 1111G of the Code of Governmental Ethics read: G. ‘State employee' means any one, whether compensated or not, who is

"(1) An administrative officer or official of the state who is not filling an elective office; or

"(2) Appointed by the Governor (whether or not approval is required by the Senate or any other body, agency or person) or is appointed by any elected officer or official of the state or is appointed by any other state employee as defined in this Sub-section, when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the state or one of its agencies, either as a member of a board, commission or other agency, or as an employee of the state or of one of its agencies; or

"(3) Engaged in the performance of a state function under authority of the laws of this state; or "(4) Under the supervision or authority of an elected state official or under the supervision or authority of another state employee as defined in this Sub-section."

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-1074.docx
2013-1074- Advisory Opinion Request