Meetings
 
Agenda Item
Docket No. 12-1681
 
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RE:
Request for an advisory opinion regarding whether the members of the City of Lake Charles Mayor's Armed Forces Commission are required to complete the annual ethics training pursuant to R.S. 42:1170A(3).
Facts:
The Mayor's Armed Forces Commission for the City of Lake Charles is an advisory board whose members are appointed by the Mayor of the City of Lake Charles and subsequent reappointments subject to the approval of the mayor. The members serve at the pleasure of the mayor. The purpose of the Armed Forces Commission is to act as a liaison group to promote goodwill and understanding between the Armed Forces (both active and reserves) and the City of Lake Charles. The Commission coordinates many activities throughout the year including the annual Veterans Day parade and celebrations, an annual Patriots' Ball, and many other activities recognizing the Armed Forces. The commission meets regularly once per month.
Law:
"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.

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. (Emphasis added)

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Brent Durham
 
 
ATTACHMENTS:
Description:
2012-1681 Draft Opinion
2012-1681- Advisory Opinion Request