Meetings
 
Agenda Item
Docket No. 16-887
 
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RE:
Advisory opinion request regarding whether the members and employees of the Natchitoches Parish Council on Aging (Council) are required to take annual ethics training as mandated by La. R.S. 42:1170.
Facts:
La. R.S. 46:1601 authorizes a voluntary council on aging to be organized and chartered in each parish. Additionally, upon the issuance of a charter by the Secretary of State, each parish council on aging is authorized to receive public funds from any governmental entity or political subdivision, pursuant to La. R.S. 46:1602. Furthermore, the functions of each parish council on aging, as set forth in La. R.S. 46:1604, must comply with the objectives of state laws and shall be governed by the policies and regulations established by the Governor's Office of Elderly Affairs in accordance with La. R.S. 46:1605. The Council was incorporated on March 3, 1969 and subsequently received its charter from the State of Louisiana.
Law:
La. R.S. 42:1170A requires each public servant... to 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.

La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official.

La. R.S. 42:1102(18) provides that "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 agency thereof, either as a member of the agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; or (iv) under the supervision or authority of an elected official or another employee of the governmental entity.

Recommendations:
Adopt draft advisory opinion.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2016-887- Draft Opinion (3)
2016-887 - Advisory Opinion Request