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1987-229
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1987-229
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Last modified
10/21/2014 10:25:48 AM
Creation date
8/12/2014 12:05:16 PM
Metadata
1987-229
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
1987-229
Decision Date
12/15/1987
Law
R.S. 42:1102
Caption
Advisory opinion of the Commission on Ethics for Public Employees concerning the applicability of the provisions of the Code of Governmental Ethics to volunteer advisers to a governor-elect.
Ethics Subject Matters
Public Employee - Definition
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Ethics Commission <br /> Advisory Opinion No. 229 <br /> Page 3 <br /> • A public employee shall be in such status on days on <br /> which he performs no services as well as days on which he <br /> performs services. The termination of any particular term <br /> of employment of a public employee shall take effect on <br /> the day the termination is clearly evidenced. <br /> The Commission has considered similar questions in other instances. <br /> In June, 1981, the Commission rendered an advisory opinion <br /> concerning whether members of Governor David C. Treen's "Special Council on <br /> Governmental Review and Efficiency" would be public servants subject to the <br /> Code of Governmental Ethics. The Special Council on Governmental Review and <br /> Efficiency had been created by Governor Treen pursuant to executive order, and <br /> persons appointed to it by him were charged with advisory responsibilities not <br /> unlike those anticipated to be performed by Governor -Elect Buddy Roemer's <br /> volunteers. The Ethics Commission concluded that members of the Special <br /> • Council would be public servants as that term is defined ill the Code of <br /> Governmental Ethics, and that they were, therefore, subject to the Code. <br /> Four years later, in 1985, the Commission rendered the same opinion <br /> with regard to the "Committee of One Hundred," a committee established by <br /> Governor Edwin Edwards pursuant to executive order and charged with similar <br /> responsibilities. The Commission concluded that the prior opinions rendered <br /> with respect to Governor Treen's committee were applicable. <br /> The question submitted by Governor -Elect Roemer, however, is <br /> distinguishable for one critical reason: the Special Council on Governmental <br /> Review and Efficiency and the Committee of One Hundred were created by the <br /> Governor and their members were selected by gubernatorial appointment; the <br /> volunteers that may assist Governor -Elect Roemer are not. Buddy Roemer will <br /> not be Governor of the State of Louisiana until his inauguration on March 14, <br /> • 1988. <br /> II16 <br /> I^! <br />
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