| Request for an advisory opinion by Tommy Teague, CEO of Office of Group Benefits, relative to Office of Group Benefits Policy and Planning Board members appearing before the Louisiana Legislature. |
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The CEO for the Louisiana Office of Group Benefits (OGB) indicated that the OGB was created by La. R.S. 42:881 et seq. The OGB Policy and Planning Board (Planning Board) consists of 11 members (3 appointed by the Governor; 3 appointed by the House; 3 appointed by the Senate; 2 appointed by retired participants). The Planning Board inquired as to 6 areas of concern involving Planning Board members appearing before the Louisiana Legislature.
I. Whether members of the Planning Board are "public employees" as defined by La. R.S. 42:55?
II. Whether members of the Planning Board "state employees" as referenced by La. R.S. 24:56F?
III. Is the prohibition against lobbying as set forth in La. R.S. 24:56F applicable to members of the Planning Board?
IV. Whether testimony by a member of the Planning Board for or against legislation pending before the Legislature or any committee thereof considered "lobbying activity" prohibited by La. R.S. 24:51(4)?
V. Whether a member of the Planning Board could provide testimony regarding official action previously taken by the Board on a matter of interest to OGB that is pending before the Legislature or any committee thereof?
VI. Whether a member of the Planning Board could provide testimony in the nature of factual information on a matter of interest to OGB pending before the Legislature or any committee thereof?
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Advisory Opinion Docket No. 2013-1074 indicated that the Lobbying Laws under the jurisdiction of the Board of Ethics apply to members of the Dentistry Board. The Ethics Board opined that prior to 1980 the Code of Ethics defined "state employee" to include board members appointed by the Governor.
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La. R.S. 24:56F provides no 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
La. R.S. 24:51(4) provides that "Lobbying" or "to lobby" means any of the following:
(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.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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