| Request for an
advisory opinion as to whether the Code of Governmental Ethics ("Code") requires
an attorney-member of the Louisiana Legislature to file a disclosure statement
pursuant to La. R.S. 42:1111E(2) disclosing their representation of clients
before the Office of Workers Compensation Administration. |
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You stated that you are an elected member of the
Louisiana House of Representatives. You
also stated that you are a licensed attorney in the State of Louisiana. You stated that La. Constitution Article V, Section 16 provides an exception to the
district court's exclusive jurisdiction for workers' compensation claims. R.S.
23:1291 et seq. provides for the Office of Workers Compensation Administration
(hereinafter referred to as "OWCA") within the Louisiana Workforce
Commission, to provide for a hearing section of the OWCA, which serves as a
tribunal to resolve and/or adjudicate disputed workers' compensation claims. In such
cases, the Office of Workers' Compensation or the Louisiana Workforce
Commission are not parties to the claim, but only serve as a tribunal. Further, during this process, any party may
request or the assigned Workers' Compensation Judge may order mediation
utilizing an Office of Workers' Compensation Administration mediator or a
private mediator.
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La. R.S. 42:1111E(2) states that no elected official of a
governmental entity shall receive or agree to receive any thing of economic
value for assisting a person in a transaction or in an appearance in connection
with a transaction with the governmental entity or its officials or agencies,
unless he files a written statement with the board prior to or within ten days
after initial assistance is rendered.
La.
R.S. 42:1102(9)
"Elected official" means 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(12)
"Governmental
entity" means the state or any political subdivision which employs the
public employee or employed the former public employee or to which the elected
official is elected, as the case may be.
La. R.S. 42:1102(16) defines "person" to mean an individual or
legal entity other than a governmental entity, or an agency thereof.
La.
R.S. 42:1102(23) defines
"Transaction involving the governmental entity" to mean any
proceeding, application, submission, request for a ruling or other
determination, contract, claim, case, or other such particular matter which the
public servant or former public servant of the governmental entity in question
knows or should know: (a) Is, or will
be, the subject of action by the governmental entity. (b) Is one to which the
governmental entity is or will be a party. (c) Is one in which the governmental
entity has a direct interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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