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Advisory opinion regarding whether licensed notaries are required to take ethics training pursuant to La. R.S. 42:1170. |
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James Slagle is a commissioned notary public for the State of Louisiana.
R.S. 42:1170 requires each elected official, legislator, public service commissioner, public servant and lobbyist to take annual ethics training.
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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.
"Public servant" is defined in La. R.S. 42:1102(19) as a public employee or an elected official.
"Public employee" is defined in La. R.S. 42:1102(18)(a) as 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.
BD No. 2000-278: Board rendered an opinion in this matter concluding all notary pulbics are public servants subject to the provisions of the Code of Ethics; however, there is no analysis contained in the opinion to determine how the Board came to such conclusion.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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