| Request to reconsider an advisory opinion as to whether members of the Municipal Police Employees' Civil Service Board and the Municipal Employees' Civil Service Board for the City of Mandeville are required to file annual personal financial disclosure statements pursuant to La. R.S. 42:1124.2.1. |
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The Municipal Police Employees' Civil Service Board was created by Act 84-164 and amended by Act 09-418, and the Municipal Employees' Civil Service Board was created pursuant to Article IV, Section 4-05 of the Mandeville Home Rule Charter which is authorized by the Louisiana Constitution of 1974 Article VI, Section 5. Both boards are comprised of the same members with terms that run concurrently with each member receiving a payment of $50.00 from the City of Mandeville for each meeting attended. All expenses of both boards, including per diems and expenses for legal representation for cases regarding Civil Service employee appeals, are paid for by the City of Mandeville through appropriation of funds in the city budget which is approved by the Mandeville City Council. Article IV, Section 4-02 of the Mandeville Home Rule Charter states that assistant city attorneys shall be appointed by the city attorney subject to approval by the council.
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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. 42:1124.2.1D(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, (v) a board of directors of a private nonprofit corporation that is not specifically created by law, or (vi) any board or commission that does not have the authority to expend, disburse, or invest more than fifty thousand dollars of funds in a fiscal year and whose members are not eligible to receive any compensation, per diem, or reimbursement of expenses for service on the board or commission.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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