| Advisory Opinion request regarding the need for board members, staff, and volunteers of the Regional Military Museum Foundation, Inc., to complete annual ethics training. |
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The Regional Military Museum in Houma, Louisiana, is operated by the 501(c)(3) non-profit Regional Military Museum Foundation, Inc., and was constructed with public tax funds received by the Terrebonne Parish Veterans Memorial District (TPVMD), a political subdivision of the state. Public tax funds in excess of that needed to retire the bonds used to construct the facility are used for museum operations, including the salaries of two employees. Monthly expenditures are approved by Terrebonne Parish and the TPVMD board. Terrebonne Parish, the TPVMD board, and the Terrbonne Parish Council approve the museum's annual budget.
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La. R.S. 42:1170A(3)(a)(i) states commencing on January 1, 2012, each public servant shall 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(18)(a) defines "public employee" as 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 an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; and (iv) under the supervision or authority of an elected official of another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official.
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Adopt the proposed opinion.
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| Assigned Attorney: |
Matthew DeVille |
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