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Last modified
7/12/2021 10:24:58 AM
Creation date
12/17/2018 12:37:30 PM
Metadata
2018-1417
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-1417
Requesting Party
Barbara Baier
Decision Date
12/14/2018
Law
42:1170A(3)(a)(I)
42:1102(18)(a)(iii)
Caption
The Code of Governmental Ethics would require an attorney working as an independent contractor with the Public Defender's Office in any given judicial district court throughout Louisiana to complete a minimum of one hour of ethics training annually.
Ethics Subject Matters
Training
Public Employee - Definition
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La. R.S. 42:1170A(3)(a)(I) provides that commencing on January 1, 2012, each public servant <br /> who was not required to complete education and training pursuant to Paragraph (1) or (2) of this <br /> Subsection shall receive a minimum of one hour of education and training on the Code of <br /> Governmental Ethics during each year of his public employment or term of office, as the case <br /> may be. <br /> La. R.S. 42:1102(18)(a)(iii) provides that a "public employee" means anyone, whether <br /> compensated or not who is engaged in the performance of a governmental function. <br /> The Board concluded, and instructed me to inform you, that La. R.S. 42:1170A(3)(a)(I) applies <br /> to contract attorneys, whether part-time or full-time, who serve as public defenders or indigent <br /> defenders for people considered indigent since they are providing a governmental function. <br /> However, La. R.S. 42:1170A(5) would not require a person who is a former public servant and <br /> whose public service in a calendar year lasted less than ninety days to complete the required <br /> ethics training. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> presented may result in a different application of the provisions of the Code of Ethics. The <br /> Board issues no opinion as to past conduct or laws other than Code of Governmental Ethics. If <br /> you have any questions,please contact me at(225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> elf <br /> .4. . <br /> rett Robin on <br /> For the Board <br />
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