| PFD Answer submitted by Walter Bigby, Jr., member of the Cypress Black Bayou Recreation and Water Conservation District, in response to a NOD requesting he file his 2016, 2017, and 2018 Tier 2.1 PFDs. |
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Walter Bigby, Jr. is a member of the Cypress Black Bayou Recreation and Water Conservation District (replaced in May 2019). Mr. Warren asserts that the Cypress Black Bayou Recreation and Water Conservation District is a "special district" and it is not a "board or commission." Therefore, the Cypress Black Bayou Recreation and Water Conservation District is not required to file annual PFDs.
The Cypress Black Bayou Recreation and Water Conservation District was created by statute, La. R.S. 38:2601, et seq. It was created as a political subdivision of the state and constitutes a waterworks district under the Constitution of Louisiana. Mr. Warren states that the Constitution defines "political subdivision" as a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions." Based on this definition, Mr. Warren states that the Cypress Black Bayou Recreation and Water Conservation District is a "special district" and not a "board or commission" for purposes of Code of Governmental Ethics.
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La. R.S. 42:1124.2.1(D)(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.
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Advise members of the Cypress Black Bayou Recreation and Water Conservation District are required to file annual PFDs.
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| Assigned Attorney: |
Tracy Barker |
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