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Advisory opinion request regarding whether the members of the Republican Parish Executive Committee of Bossier Parish are subject to the training requirement set out in La. R.S. 42:1170(3). |
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Members of the Bossier Parish Republican Executive Committee are elected every four years, during a general election or presidential primary. Such persons are elected as members of a recognized political party to represent the parish as the governing authority for such political party. The members of the executive committee are not employed by a governmental entity or a political subdivision, and are not compensated.
The Committee is funded by qualifying fees paid by candidates running for state, local, and municipal offices. Such fees are regulated by La. R.S. 18:464 which sets out the fees required by candidates to political party committees. The statute also states that each parish executive committee shall file a financial statement annually with the legislative auditor, and the financial statement must be in a form approved by the legislative auditor.
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La. R.S. 42:1102(19) defines "public servant "as a public employee or an elected official.
Section 1102(19) defines "elected official" as any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate and shall also include any person appointed to fill a vacancy in such offices.
"Public employee," according to Section 1102(18) means 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. 42:1170(3) provides an annual training requirement for "public servants" and provides as follows:
Commencing on January 1, 2012 each public servant who was not required to complete education and training pursuant to Paragraph (1) or (2) of this Subsection 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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