Advisory opinion request regarding whether the commissioners of the Capital Area Groundwater Conservation District are "public employees" under the Code of Ethics? |
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Mr. Anthony Duplechin serves as Executive Director of the Capital Area Groundwater Conservation District. He acknowledges such commission is a body politic and a political subdivision of the State of Louisiana under La. R.S. 38:3072(A).
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La. R.S. 42:1102(18)(a) provides that a "public employee" is 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. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 38:3072 provides for the creation of the Capital Area Groundwater Conservation District, which is a body politic and a political subdivision of the State of Louisiana.
La.
R.S. 38:3074 provides for the appointment and nomination of
commissioners, with all commissioners being appointed by the governor.
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Adopt proposed advisory opinion.
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Assigned Attorney: |
Charles Reeves |
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