| Consideration of an opinion rendered by the Attorney General's Office that the Board should redact the home address disclosed by state employees on annual personal financial disclosure statements filed pursuant to La. R.S. 42:1124. |
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Emily Andrews, Special Counsel with the Governor's Office, asked the Board to redact, keep confidential, and not produce if requested the residence address of employee of the Governor's Office who are required to file disclosures with the Board pursuant to La. R.S. 42:1124. Ms. Andrews cited La. R.S. 44:11(A)(2) in support of her position that the Board should keep such information confidential.
Subsequent to the request to the Board, Ms. Andrews submitted a request for an advisory opinion from the Attorney General's Office (Opinion 24-0069). The Attorney General's Office gave the Board the opportunity to submit a response. The Board pointed out that the public employees of the Governor's Office required to file annual personal financial disclosure statements with the Board pursuant to La. R.S. 42:1124 are employees of the Governor's Office, not the Board; and, it is the Governor's Office that maintains their personnel records. The Board does not have custody or control over the personnel records of the employees of the Governor's Office. Further, the annual personal financial disclosure statements required to be filed with the Board pursuant to La. R.S. 42:1124 are not the personnel records of the filer.
The Attorney General rendered an opinion in Opinion 24-0069 on September 6, 2024 concluding that the Board of Ethics should redact home addresses from financial disclosures when requested by a state employee. The opinion discounts the Board's opinion that La. R.S. 44:11 only permits redaction of home addresses from the personnel records of an employee. The opinion concludes that the Board overlooks the the broader statutory framework, and relies on legislative intent that protects personal information due to one's public service.
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La.
R.S. 42:1124A requires the following persons shall
annually file a financial statement as provided in this Section:
(7)
The policy director in the office of the governor.
(8) The chief of staff of the
office of the governor.
(9) The executive counsel to the
governor.
(10) The deputy chief of staff of
the office of the governor.
(11)
The legislative director in the office of the governor.
La. R.S. 42:1124C provides that the
financial statement required by this Section shall be filed on a form
prescribed by the Board of Ethics and shall include the following information:
(1) The full name and residence address of the
individual who is required to file.
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(7) A brief description, fair market value or use
value as determined by the assessor for purposes of ad valorem taxes, and the
address, if any, and if no address, the location by state and parish or county,
of each parcel of immovable property in which the individual or spouse, either
individually or collectively, has an interest, provided that the value of the
interest the individual or spouse, either individually or collectively, has in
the parcel of immovable property exceeds two thousand dollars.
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E. The financial statement shall be filed with
the Board of Ethics and shall be accompanied by the certification of the
individual filing it certifying that the information contained in the financial
statement is true and correct to the best of his knowledge, information, and
belief. The financial statement shall be a public record, subject to the
provisions of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.
La. R.S.
42:1158(A)(1) provides that to enhance the board's ability to
govern and enforce the Code of Governmental Ethics and to provide efficient and
economical dissemination of information, the board shall establish the Board of
Ethics Computerized Data Management System.
La. R.S.
42:1158A(2) provides the following basic specifications shall
be designed into the board's computerized data management system:
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(d) The
system's database shall be categorized to provide for citizen's access of all
reports filed with the board…
La. R.S. 44:11 Confidential nature of certain personnel records;
exceptions
A. Notwithstanding anything contained in
this Chapter or any other law to the contrary, the following items in the
personnel records of a public employee of any public body shall be
confidential:
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(3)
The home address of the public employee where such employee has requested that
the address be confidential.
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To be discussed at the meeting.
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| Assigned Attorney: |
Tracy Barker |
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