| Advisory opinion regarding whether the members of the White Lake Property Advisory Board are required to file annual personal financial disclosure statements pursuant to R.S. 42:1124.2.1. |
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Two previous advisory opinions have been issued to the White Lake Advisory Board advising it that its members are required to file annual personal financial disclosure statements pursuant to R.S. 42:1124.2.1. In Docket No. 2008-542, an advisory opinion was issued to the General Counsel for the Department of Wildlife and Fisheries. The information provided to the Board established that the White Lake Property Advisory Board was created by statute, R.S. 56:799.4. The General Counsel also stated that the board had no budget or treasury and its members were not compensated. Further, he stated that the Board had the authority to solicit and accept gifts and donations to be deposited in and credited to the White Lake Property Fund. He stated that those funds deposited were to be expended solely and exclusively by the Louisiana Department of Wildlife and Fisheries, the agency exclusively responsible for the administration, management, and control of the White Lake Property.
The Board further reviewed the statutes that govern the board and the White Lake Property Fund. In particular, the Board considered LA R.S. 56:799.3 et seq., which provides that the monies in the White Lake Property Fund shall be used for the operation, maintenance, administration, control, management or enhancement of the White Lake Property. In addition, the statute provides that "the legislature shall make no appropriations from the fund which are inconsistent with the recommendations of the White Lake Property Advisory Board". La R.S. 56:799.6 provides that the Department of Wildlife and Fisheries shall manage, administer, and control the White Lake Property subject to the recommendations by the White Lake Property Advisory Board. Based on these statutory pronouncements, the Board determined that the board did have the authority to expend, disburse, or invest $10,000 or more in funds in a fiscal year. The board members were required to file annual personal financial disclosure statements.
In Docket No. 2009-082, the Chairman of the White Lake Property Advisory Board requested the Board reconsider its opinion previously issued. The Chairman asserted that the board was advisory only and that the Wildlife and Fisheries Commission must take formal action before the recommendations of the advisory board can take effect. However, again, the Board considered the statutory pronouncements that provide that White Lake Property Fund monies can only be expended as recommended by the board. The Board affirmed its prior opinion.
Once again, the General Counsel of the Department of Wildlife and Fisheries is asking the Board whether the members of the advisory board are required to file annual personal financial disclosure statements. The only additional information provided is that the advisory board has not met since June 13, 2013 and it is the General Counsel's understanding that the advisory board does not approve expenditures, give advice, or render opinions regarding the expenditure of funds. However, it is once against pointed out in the opinion request that the statutory language states the the funds in the White Lake Property Fund shall not be expended inconsistently with the recommendations of the advisory board. As such, as reasoned before, since any action taken by the Louisiana Department of Wildlife and Fisheries or the Wildlife and Fisheries Commission concerning the management, administration, and control of the White Lake Property is supposed to be controlled by the recommendations given by the White Lake Property Advisory Board and shall not be inconsistent with that of the White Lake Property Board as statutorily mandated, R.S. 42:1124.2.1 applies to the White Lake Property Advisory Board.
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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.
La. R.S. 42:1124.2.1(D)(1)(a) defines a board or commission as (i) each board, commission, and like entity created by law or executive order that is made a part of the executive branch of state government by the provisions of Title 36 of the Louisiana Revised Statutes of 1950, or that is placed in an executive branch department or in the office of the governor or lieutenant governor by law or executive order, or that exercises any authority or performs any function of the executive branch of state government; (ii) each board, commission, and like entity created by the constitution, by law, by a political subdivision, except as provided in Subparagraph (b) of this Paragraph, or jointly by two or more political subdivisions as a governing authority of a political subdivision of the state or of a local government.
La. R.S. 42:1124.2.1D(1)(b) states that a "board or commission" shall not mean (i) the governing authority of a parish, (ii) any board or commission or like entity that governs a political subdivision created by a single parish governing authority of a parish with a population of two hundred thousand or less, or any subdistrict of such a political subdivision, (iii) the governing authority of a municipality, (iv) any board or commission or like entity that governs a political subdivision created by a single municipal governing authority of a municipality with a population of twenty-five thousand or less, or any subdistrict of such a political subdivision, or (v) a board of directors of a private nonprofit corporation that is not specifically created by law.
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| Assigned Attorney: |
Tracy Barker |
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