Meetings
 
Agenda Item
 Docket No. 21-247
 
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RE:
Advisory opinion regarding whether the employee member of the New Orleans Civil Service Commission is considered an appointed or elected official for purposes of the Code of Ethics.
Facts:
The Louisiana Constitution provides the guidelines for the election of the employee member on the New Orleans Civil Service Commission by the classified employees electing three nominees and the New Orleans City Council appointing the employee Commissioner from the list of three nominees. The Commission promulgated rules for the procedure mandated by the Constitution.

Commission Rule 12.4 provides that employees wishing to qualify may obtain the filing forms from the Civil Service Department and must submit them with or without a brief biographical sketch prior to the close of the qualifying period. Commission Rule 12.5 provides that the election of the nominees be by sealed ballot. Commission Rule 12.6 allows the employee to vote for three nominees. Commission Rule 12.7 provides how the tabulation of the votes will take place. Commission Rule 12.8 provides how the Civil Service Director will transmit the results of the three nominees who received the largest number of votes to the New Orleans City Council. Commission Rule 12.9 provides that the City Council shall make an appointment of one employee within 30 days of receiving the list of nominees or the person whose name appears first on the list shall be automatically appointed.
Law:
La. R.S. 42:1102(9) defines "elected official" as any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices.

La. R.S. 42:1102(18) defines "public employee" to mean 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.


Declaratory Opinion Docket No. 2019-327


Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-247 Draft Opinion
2021-247 - Advisory Opinion Request Christina Carroll
2019-327: Declaratory Opinion