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Last modified
7/12/2021 2:50:39 PM
Creation date
9/26/2012 11:07:15 AM
Metadata
2012-1461
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2012-1461
Requesting Party
Ms. Laura Adley, Secretary
Parties Involved
Republican Parish Executive Committee of Bossier Parish
Decision Date
9/21/2012
Law
R. S. 42:1170(3)
R.S. 42:1102 (9), (18) and (19)
R.S. 18:464
Caption
Opinion that the Code of Governmental Ethics (Code) does not require members of the Executive Committee of the Bossier Parish Republican Party, who are not public servants or public employees as defined by the Code, to participate in the training requirement contained in the Code. The qualifying fees paid by candidates running for public office are used to fund the Committee.
Ethics Subject Matters
Training
Public Employee - Definition
Campaign Finance Subject Matters
Parish Executive Committee
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STATE OF LOUISIANA <br /> 4,1:5'7' 13...N <br /> ��� 13.. DEPARTMENT OF STATE CIVIL SERVICE <br /> 0 of ' <br /> ,.y- LOUISIANA BOARD OF ETHICS <br /> tco �u�;.,. iii P.O. BOX 4368 <br /> IIsZi.4%�� a BATON ROUGE, LA 70821 <br /> O rp,.s* %%%% (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> September 25, 2012 <br /> Ms. Laura Adley, Secretary <br /> Bossier Parish Republican Executive Committee <br /> 3411 Pine Haven Circle <br /> Haughton, LA 71037 <br /> Re: Board Docket No. 2012-1461 <br /> Dear Ms. Adley: <br /> The Louisiana Board of Ethics,at its September 21,2012 meeting considered your advisory opinion <br /> request regarding whether the members of the Republican Parish Executive Committee of Bossier <br /> Parish are subject to the training requirement set out in La. R.S. 42:1170(3). According to your <br /> advisory opinion request members of your executive committee are elected every four years,during <br /> a general election or presidential primary. Such persons are elected as members of a recognized <br /> political party to represent the parish as the governing authority for such political party. The <br /> members of the executive committee are not employed by a governmental entity or a political <br /> subdivision, and are not compensated. <br /> The Committee is funded by qualifying fees paid by candidates running for state, local, and <br /> municipal offices. Such fees are regulated by La. R.S. 18:464 which provides the fees required by <br /> candidates to political party committees. The statute also states that each parish executive committee <br /> shall file a financial statement annually with the legislative auditor,and the financial statement must <br /> be in a form approved by the legislative auditor. <br /> At issue in this advisory opinion request is the definition of"public servant." "Public servant" is <br /> defined in La. R.S. 42:1102(19) as a public employee or an elected official. "Elected official" is <br /> defined by Section 1102(9) of the Code as any person holding an office in a governmental entity <br /> which is filled by the vote of the appropriate electorate and shall also include any person appointed <br /> to fill a vacancy in such offices. <br /> "Public employee,"according to Section 1102(18) means anyone,whether compensated or not,who <br /> is: <br /> (i) An administrative officer or official of a governmental entity who is not <br /> filling an elective office. <br /> (ii) Appointed by any elected official when acting in an official capacity,and the <br /> appointment is to a post or position wherein the appointee is to serve the <br /> governmental entity or an agency thereof, either as a member of an agency, <br /> or as an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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