| A Request for an Advisory Opinion, submitted by Attorney Evan J. Bergeron, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the receipt of travel expenses, per diem, or other compensation by Louisiana state board or commission members who are also elected officials or the designee for elected officials. |
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Mr. Evans asks whether it is permissible for an elected official or their designee on a state board or commission to receive compensation from the board or commission for their service thereon. He presents the following hypothetical:
1. The relevant state board is created by statute.
2. The relevant statute creating the state board names an elected official or his designee as an ex-officio non-voting member.
3. The relevant statute is silent as to compensation for the elected official/designee but does prohibit other members of the board from receiving salary. The Board does contain members of the legislature as non-voting ex-officio members, but these legislators are reimbursed per diem and travel expenses from their respective house.
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LAC 52.I.601:
A. The Board shall receive requests for advisory opinions filed with it by affected persons. Requests for advisory opinions shall be in writing, state the name and address of the person requesting the advisory opinion, disclose his interest in the question presented, state the governmental agency and/or individual involved, specifically describe the transaction involved, be signed by the person making the request, and state sufficient facts to enable the board to respond. The Board may decline to render an opinion with regard to any such request.
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Decline to render advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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