Meetings
 
Agenda Item
Docket No. 13-708
 
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RE:
Advisory opinion regarding whether the members of the ADD/NOFA Joint Development Committee for Federal City are required to file annual personal financial disclosure statements pursuant to La. R.S. 42:1124.2.1.
Facts:
The Algiers Development District (ADD) is a special taxing district created by La. R.S. 33:2740.27. The New Orleans City council designated ADD as an economic development district pursuant to La. R.S. 33:9038.31. La. R.S. 33:9038.32 states that economic development districts are political subdivisions of the state.

The New Orleans Federal Alliance (NOFA) is a private 501(c)(3) not for profit corporation created for the purpose of facilitating the Federal City Project. The Federal City Project is an initiative started by the state and local government to save the Naval Support Activity in New Orleans, which will create state-of-the-art facilities for the Marine Forces Reserve and other mixed use facilities that will attract other federal and private workers.

In furtherance of establishing a public-private partnership for the future management of the Federal City Project, ADD entered into a Cooperative Endeavor Agreement with NOFA on December 1, 2012. The Agreement created the ADD/NOFA Joint Development Committee for Federal City (JDC).

The JDC has exclusive oversight and authority to make all decisions regarding the development of the Federal City Project, including but not limited to, the exercise of all policy making authority and fiscal decision responsibility for the Federal City Project. ADD and NOFA delegated all decision making authority as to the development of the Federal City Project to the JDC. This includes the authority to expend, disburse, or invest $10,000 or more in funds in a fiscal year.

Law:
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.

La. R.S. 42:1124.2.1(D)(1)(a) defines a board or commission as (i) each board, commission, and like entity created by law or executive order that is made a part of the executive branch of state government by the provisions of Title 36 of the Louisiana Revised Statutes of 1950, or that is placed in an executive branch department or in the office of the governor or lieutenant governor by law or executive order, or that exercises any authority or performs any function of the executive branch of state government; (ii) each board, commission, and like entity created by the constitution, by law, by a political subdivision, except as provided in Subparagraph (b) of this Paragraph, or jointly by two or more political subdivisions as a governing authority of a political subdivision of the state or of a local government.

La. R.S. 42:1124.2.1D(1)(b) states that a "board or commission" shall not mean (i) the governing authority of a parish, (ii) any board or commission or like entity that governs a political subdivision created by a single parish governing authority of a parish with a population of two hundred thousand or less, or any subdistrict of such a political subdivision, (iii) the governing authority of a municipality, (iv) any board or commission or like entity that governs a political subdivision created by a single municipal governing authority of a municipality with a population of twenty-five thousand or less, or any subdistrict of such a political subdivision, or (v) a board of directors of a private nonprofit corporation that is not specifically created by law.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-708 Draft Opinion
2013-708- Advisory Opinon Request