| Advisory opinion request regarding whether members of the Slidell Memorial Hospital Advisory Board are required to complete annual education and training on the Code of Governmental Ethics. |
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St. Tammany Parish Hospital Service District No. 2, d/b/a Slidell Memorial Hospital ("District"), is a political subdivision of Louisiana which was created pursuant to Act 180 of the 1984 Regular Session of the Louisiana Legislature. By Act 562 of the 2003 Regular Session, Act 180 was amended to authorize the Board of Commissioners for the District to appoint an advisory board. The appointed advisory board receives no compensation and has no authority to supervise District employees, expend funds, or contract for the expenditure of funds on behalf of the District.
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Section 1170A(3)(a)(i) Commencing on January 1, 2012, each public servant who was not required to complete education and training pursuant to Paragraph (1) or (2) of this Subsection shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be.
Section 1102(2)(a) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
Section 1102(18)(a) "Public employee" means anyone, whether compensated or not, who is:(i) An administrative officer or official of a governmental entity who is not filling an elective office.(ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof.(iii) Engaged in the performance of a governmental function.(iv) Under the supervision or authority of an elected official or another employee of the governmental entity.(b) However, "public employee" does not mean anyone whose public service is limited to periodic duty in the National Guard pursuant to 32 U.S.C.A. 502.(c) A public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment ofa public employee shall take effect on the day the termination is clearly evidenced.
Section 1102(19) "Public servant" means a public employee or an elected official.
Section 1170A(3)(c) The provisions of Subparagraph (a) of this Paragraph shall not apply to a nonsalaried employee of a hospital owned or operated by a hospital service district as defined in R.S. 46:1072 unless the employee is authorized to enter into contracts on behalf of the hospital for goods or services or the duties of the employee include the supervision of another public employee.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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