| Advisory opinion regarding whether the members of the Northeast Delta Human Services Authority (NDHSA) Board of Commissioners are required to file annual personal financial disclosure statements pursuant to R.S. 42:1124.2.1. |
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The NDHSA was created by statute, La. R.S. 28:892, as a special authority to direct the operation and management of community-based programs and services relative to mental health, developmental disabilities, and addictive disorders services, including Early Childhood Supports and Services, and the Regional Transition Program. The NDHSA receives appropriated funds through the Department of Health and Hospitals. The NDHSA also receives non-appropriated funds, which are maintained in a Non-Appropriated Funds Account. It is asserted that the NDHSA is managed by an Executive Director, who has all fiscal control of the NDHSA and requires no approval from the NDHSA board to make expenditures. However, according to the NDHSA Governance Policy Manual, when dealing with funds from the Non-Appropriated Funds Account, the board has the responsibility to approve requests which allocate the expenditure of $10,000 or more on a single program within a twelve month period. Further, if a program is anticipated at being more than $10,000, the program will require approval of the board prior to exceeding the $10,000 threshhold.
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La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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