| PFD answer filed by Richard Starling, Jr., member of the Northwest Law Enforcement Planning Agency, in response to a NOD received requesting he file a 2018 Tier 2.1 PFD. |
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Richard Starling is a Alexandria City Court Judge. He asserts that he is not required to file both the Tier 2.1 and the financial disclosure required by the Supreme Court. Judge Starling bases this on the Louisiana Supreme Court Decision in Jones v. Board of Ethics. In that case, Charles Jones was a member of the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice. The enabling statute required the judge serving in Mr. Jones' office to be a member of the Commission. As such, the Supreme Court stated that since he was required to be a member of the executive branch board, he was not subject to the provisions in the Ethics Code.
Judge Starling states that in response to the Jones' decision, the Supreme Court changed it's form to include a section regarding conflicts of interest to mirror the Tier 2.1 form. Therefore, Judge Starling asserts since there is not a difference between the two forms, the Board should accept the filing made with the Supreme Court by members of the judiciary.
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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. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than seven (7) business days after receipt of the notice of delinquency.
La. R.S. 42:1134A(3) Notwithstanding the provisions of Paragraph (1) of this Subsection or the Administrative Procedure Act, all forms required by R.S. 42:1124, 1124.2, 1124.2.1, 1124.3, and 1124.5 shall be prepared and prescribed by the Board of Ethics as provided in this Paragraph. The board shall submit all such proposed forms to the Senate Committee on Senate and Governmental Affairs and the House Committee on House and Governmental Affairs for review and approval. The approval of each legislative committee shall be required prior to the utilization of a form to satisfy the requirements of R.S. 42:1124, 1124.2, 1124.2.1, 1124.3, or 1124.5. Upon receipt of a proposed form, the legislative committees shall meet, either separately or jointly, within sixty days to consider and act on the proposed form. Approval by either legislative committee, meeting separately, shall require a favorable vote of a majority of the members present and voting, a quorum of the legislative committee being present. Approval by the two legislative committees, meeting jointly, shall require a favorable vote of a majority of the members of each legislative committee present and voting, each committee voting separately, a quorum of the joint legislative committee being present. If the proposed form fails to receive the approval of both legislative committees within sixty days after submission by the supervisory committee, the proposed form shall be withdrawn from consideration.
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To be determined at the Board Meeting.
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| Assigned Attorney: |
Tracy Barker |
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