| An advisory opinion
as to whether the Code of Governmental Ethics ("Code") requires members of a
committee created by the Garden District Security District to file annual
personal financial disclosure statements pursuant to La. R.S. 42:1124.2.1. |
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The Garden District Security District was created
pursuant to La. R.S. 33:9091.2 a special taxing district in Orleans Parish
created for the purposes of promoting and encouraging security in its
neighborhood. The Security District is
governed by eleven commissioners who are appointed by state and local
officials. It has the authority to expend, disburse, or invest more than
$500,000 in funds in a fiscal year.
The Garden District Security District would like to
create committees composed of commission members as well as non-commission
members who live in the neighborhood and have expertise and interest in
volunteering to assist with outreach and long-term planning. These committees would not have the authority
to expend, disburse or invest any funds, would have no voting power, or any
authority.
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La. R.S. 42:1124.2.1 requires
financial disclosure for each member and designee of a board or commission
which has the authority to expend, disburse or invest $10,000 or more of funds
in a fiscal year 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. 42:1124.2.1(D)(1)(a) defines a board or commission as (i) each board, commission, and like entity
created by law or executive order that is made a part of the executive branch
of state government by the provisions of Title 36 of the Louisiana Revised
Statutes of 1950, or that is placed in an executive branch department or in the
office of the governor or lieutenant governor by law or executive order, or
that exercises any authority or performs any function of the executive branch
of state government; (ii) each board, commission, and like entity created by
the constitution, by law, by a political subdivision, except as provided in
Subparagraph (b) of this Paragraph, or jointly by two or more political
subdivisions as a governing authority of a political subdivision of the state or
of a local government.
La. R.S.
42:1124.2.1D(1)(b) states that
a "board or commission" shall not mean (i) the governing authority of a
parish, (ii) any board or commission or like entity that governs a political
subdivision created by a single parish governing authority of a parish with a
population of two hundred thousand or less, or any subdistrict of such a
political subdivision, (iii) the
governing authority of a municipality, (iv) any board or commission or like
entity that governs a political subdivision created by a single municipal
governing authority of a municipality with a population of twenty-five thousand
or less, or any subdistrict of such a political subdivision, (v) a board of
directors of a private nonprofit corporation that is not specifically created
by law, (vi) any board or commission that does not have the authority to
expend, disburse, or invest more than fifty thousand dollars of funds in a
fiscal year and whose members are not eligible to receive any compensation, per
diem, or reimbursement of expenses for services on the board or commission, or
(vii) any board or commission that is the governing authority of a special
district established by Chapter 29 of Title 33 of the Louisiana Revised
Statutes of 1950 or pursuant to Chapter 30-A of Title 33 of the Louisiana
Revised Statutes of 1950 for the purpose of improvement or beatification of the
district or promoting and adding to the security of district residents,
provided that the boundaries of the special district are not conterminous with
the boundaries of a parish or municipality and provided that the board or
commission does not have the authority to collect, expend, disperse, or invest
more than five hundred thousand dollars of funds in a fiscal year.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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