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Agenda Item
Docket No. 23-784
 
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RE:
Advisory opinion from the Cameron Parish Coroner as to whether the Code of Governmental Ethics ("Code") relies on actual population rather than estimated population when determining which tier level an elected official must file under pursuant to La. R.S. 42:1124.2 and La. R.S. 42:1124.3.
Facts:
Dr. Dupke is the elected Coroner for Cameron Parish. The 2020 federal decennial census states that the population of Cameron Parish is 5,617. He stated that the 2022 estimated population is 4,902.
Law:
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.

La. R.S. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.

La. R.S. 1:11 Population; how determined; new census
A. Except as otherwise provided, the number of inhabitants of a political subdivision is that shown by the latest regular or special federal census.
B. To provide for orderly transition in the implementation of any law applicable to a class of political subdivisions identified by a population category, a particular federal census shall become the "latest" and the "most recent" federal census on August first of the year following the year in which the census is taken and shall remain the "latest" and "most recent" federal census until August first of the year following the year in which the subsequent census is taken; however, the provisions of this Subsection shall not apply to any law providing for reapportionment or redistricting.


Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-784 - AO
2023-784 - Advisory Opinion Draft - Dupke