Meetings
 
Agenda Item
Docket No. 20-372
 
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RE:
Advisory opinion request regarding whether the commissioners of the Capital Area Groundwater Conservation District are "public employees" under the Code of Ethics?
Facts:
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).
Law:
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.
Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2020-372 draft advisory opinion v2
2020-372 - Advisory Opinion Request Anthony Duplechin, PG