| Advisory opinion request on behalf of Governor Jeffrey M. Landry, relating to the use of Form 413 and compliance with Section 1115.2 of the Louisiana Code of Governmental Ethics. |
|
Jeffrey M. Landry currently serves as Governor of the State of Louisiana. Gov. Landry asks for clarification regarding Form 413. Specifically,
(1) Whether he is required to file a financial disclosure on Form 413 in order to utilize the exception set forth in Section 1115.2 of the Code?
(2) Whether he is required to sign Form 413 as the agency head and as the public servant accepting such complimentary lodging and/or transportation?
(3) Whether his status as a constitutional officer affects his requirement under Section 1115.2 to file Form 413?
|
|
La. R.S. 42:1111A prohibits a public servant from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1115.2A. Admission to events; lodging; travel
A. The provisions of R.S. 42:1111 or 1115 shall not preclude the acceptance by a public servant of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, if the agency head of the public servant's agency certifies each of the following:
(1) The public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, is either of direct benefit to the agency or will enhance the knowledge or skill of the public servant as it relates to the performance of his public service.
(2) The agency head approved the public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, prior to acceptance.
B.(1) Any public servant who accepts complimentary admission, lodging, or transportation, or reimbursement for such expenses, shall file with the Board of Ethics, within sixty days after such acceptance, a certification, on a form designed by the board, disclosing all of the following:
(a) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
(b) The name of the person who gave, provided, paid for, or reimbursed in whole or in part the admission, lodging, or transportation.
(c) The amount expended on his behalf or reimbursed by the person for admission, lodging, and transportation.
(2) The certification required by this Subsection shall include the certifications of the agency head required by Subsection A of this Section.
La. R.S. 42:1102(2)(a)(ii) defines "agency" to mean, with respect to the governor, the executive branch of state government.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency
La. R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|