| Appearance in connection with an advisory opinion request from Dr. C. Richard Atkins, D.D.S., regarding whether the prohibition on state employees lobbying found in La. R.S. 24:56F apply to members of the Louisiana State Board of Dentistry and further whether the members of the Louisiana State Board of Dentistry have a duty to report any potential violation in compliance with La. R.S. 42:1161A. |
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Dr. Atkins requested an advisory opinion regarding how the prohibition on state employees lobbying found in La. R.S. 24:56F applies to members of the Louisiana State Board of Dentistry and further whether the members of the Louisiana State Board of Dentistry have a duty to report any potential violation in compliance with La. R.S. 42:1161A.
Dr. Atkins has recently been appointed by Governor Bobby Jindal to the Louisiana State Board of Dentistry.
Dr. Atkins believes that there will be several controversial issues regarding the Louisiana State Board of Dentistry's move to Baton Rouge in 2017 during the 2015 legislative session. He would like guidance on whether Louisiana State Board of Dentistry board members may solicit or discuss legislated matters with members of the House or Senate, if they are not specifically asked for the information. Also, Dr. Atkins inquired whether the members of the Louisiana State Board of Dentistry have a duty in accordance with La. R.S. 42:1161A, as a member of the Louisiana State Board of Dentistry, to report any member of your organization violating the restrictions found in La. 24:56F.
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La. 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."
La. 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."
La. 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."
La. R.S. 42:1102(3) "agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency or any member of a board or commission who exercises over the agency.
La. R.S. 42:1102(18)(ii) 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.
La. R.S. 42:1102 (19) defines public servant as a public employee or elected official.
La. R.S. 42:1161A. provides that every agency head shall file confidential reports with the board or a panel on any matter that comes to his attention which he believes may constitute a violation of this Chapter which is within the board or panel's jurisdiction.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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