| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits Francis Dorsey, a member of the Iberia Republican Parish Executive Committee, from serving as the president of a nonprofit organization. |
|
Francis Dorsey is an elected At-Large Member of the Iberia Republican Parish Executive Committee in Iberia Parish, Louisiana, which is an unpaid political party office and not a governmental employment position.
Mr. Dorsey has been asked to assume the position of President of the Cannabis Council of Louisiana, which is a nonprofit advocacy organization. As President, Mr. Dorsey would receive a modest monthly stipend. The Cannabis Council of Louisiana engages in public education and advocacy related to Louisiana's medical cannabis policy but does not award contracts, issue permits, or regulate governmental activity.
The Iberia Republican Parish Executive Committee does not exercise governmental authority, does not control public funds, and does not regulate or oversee cannabis policy, licensing, or enforcement.
|
|
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. It shall also include any person appointed to fill a vacancy in such offices.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102(17) defines "political subdivision" to mean any unit of local government, including a special district, authorized by law to perform governmental functions.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Jessica Meiners |
|
|