| Application for Declaratory Opinion, submitted on behalf of the Jefferson Parish Fire Fighters Association - Local 1374 - International Association of Fire Fighters ("Union"), regarding whether the Code of Governmental Ethics prohibits the Union from paying for legal services in connection with the representation of its members in matters before the Civil Service Board while one of its Officers or Trustee serves as an elected member of the Civil Service Board. |
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Alesia M. Ardoin, attorney for the Jefferson Parish Fire Fighters Association - Local 1374 - International Association of Fire Fighters ("Union"), has submitted this Application for a Declaratory Opinion regarding a question previously considered by the Board in Docket No. 2018-401 - July 23, 2018; and, that is subject to a Declaratory Judgment Action presently pending before the 19th Judicial District Court.
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La. R.S. 42:1141.6 A. Upon application of a public servant, other person, or agency, the Board of Ethics may declare rights, status, and other legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions issued by the board, either before or after there has been a breach thereof. The applicant may seek to have the Board of Ethics determine any question of construction or validity arising under the provisions of this Chapter or by any other law within its jurisdiction.
B. The Board of Ethics' power to declare rights, status, or legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions issued by the board, or the construction of such laws or opinions, is not limited or restricted to any proceeding where a declaratory opinion is sought in order to terminate a controversy or remove an uncertainty.
C. The purpose of a declaratory opinion is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations established by the provisions of this Chapter or by any other law within the Board of Ethics' jurisdiction or under opinions issued by the board, or the construction of such laws and opinions.
D. A declaratory opinion is a final decision of the Board of Ethics. The decision of the board on an application for a declaratory opinion shall be rendered after a public hearing and only after the requesting party, all other interested parties, and the board's staff have been afforded full and complete opportunity to present evidence, testimony, and argument. A declaratory opinion of the board shall be considered a final decision and shall be reviewable by the Court of Appeal, First Circuit, pursuant to R.S. 42:1142.
E. The Board of Ethics may refuse to render a declaratory opinion where such opinion, if rendered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Rule 1002:A. Declaratory hearings may be conducted, at the discretion of the board, upon submission of an application pursuant to R.S. 42:1141.6. B. The application shall be in writing and shall contain the following information:
1. the name, address, and telephone number of the applicant;
2. identification of the statutes, rules or opinions subject of the application;
3. the question presented to the board for ruling;
4. a concise statement of all particular facts necessary and sufficient to accomplish the following: a. to show the nature of the controversy or uncertainty and the manner in which the rule or statute on which the declaratory ruling is sought applies or potentially applies to the applicant; and b. to answer the question presented to the board for ruling.
5. a statement identifying all statutes, rules, or opinions that are relevant to the question presented by the applicant;
6. a statement of the reasons for submitting the application, including a full disclosure of the petitioner's interest in obtaining the declaratory opinion;
7. a statement as to whether the question presented by the applicant is presently pending before or under consideration by the board or any other administrative, legislative, or adjudicative body;
8. a statement as to whether the applicant has some other adequate legal remedy that will terminate the controversy or remove any uncertainty as to the applicability to the applicant or the circumstances cited of the statute, rule or opinion in question; and
9. an affidavit that verifies the facts stated in the application are true and correctly stated, and the verification is based on the documents attached to or identified in the application or based on the affiant's personal knowledge.
C. The application for declaratory opinion should be filed with the executive secretary of the Louisiana Board of Ethics.
D. The application for declaratory opinion may be accompanied by a memorandum urging the department to issue a declaratory opinion of specified content. Such memorandum shall not exceed 25 pages in length, exclusive of cover pages, table of content, index of authority and exhibits.
Rule 1003:A. After receipt of the application, the board or panel thereof, at its next scheduled board meeting, if the application is granted, shall fix the time and place for the hearing on the applications. B. For cause considered justifiable, the board or a panel thereof, the chairman, or its executive secretary, may upset any fixing and give the hearing a special assignment both as to time and place, with appropriate notification to all interested parties.
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| Assigned Attorney: |
David Bordelon |
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