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Last modified
7/12/2021 11:08:05 AM
Creation date
6/28/2017 4:20:04 PM
Metadata
2017-419
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-419
Requesting Party
Lester J. Gauthier, Jr.
Decision Date
6/16/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit a State Representative serving on the St. Martin Iberia Lafayette Community Action Agency (SMILE) from utilizing campaign funds to pay for the cost of legal services associated with a public records request regading the removal of a board member who served on the SMILE Board.
Campaign Finance Subject Matters
Prohibited Use of Campaign Finance Funds
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STATE OLOUISIANA <br /> DEPARTMENT <br /> f,¢'�( LOUISIANA BOARD OF ETHICS <br /> -4 L,1 <br /> BATON ROUGE. <br /> �. (res <br /> I 800-042-6Z30 <br /> "Ave..ethics le gm <br /> June 27, 2017 <br /> Lester J. Gauthier, Jr. <br /> P.O. Box 3371 <br /> Lafayette, Louisiana 70502 <br /> Re: Ethics Board Docket No. 2017419 <br /> Dear Mr. Gauthier: <br /> The Louisiana Board of Ethics, at its June 16, 2017 Board meeting, considered your request for an <br /> advisory opinion on behalf of State Representative Vincent Pierre regarding whether it is appropriate <br /> for Rep. Pierre to utilize campaign funds to pay for the cost of legal services in responding to a <br /> public records request. Recently, Rep. Pierre received a written public records request seeking <br /> information relating to the removal of a board member who served on the SMILE Board. SMILE is <br /> the St.Martin Iberia Lafayette Community Action Agency.According to the SMILE by-laws,elected <br /> officials in the geographical area, such as Rep. Pierre, may serve on the board or appoint a <br /> representative to serve on the board.The public records requests came from Rep. Pierre's appointee <br /> to the board who has been removed from the board. You prepared a response to the request and <br /> provided advice and counsel to Rep. Pierre. Your bill for services rendered has been held in <br /> abeyance pending the advice of the Board. <br /> The Board concluded, and instructed me to inform you, that the Campaign Finance Disclosure <br /> (CFDA) laws would not prohibit Rep. Pierre from utilizing campaign funds to pay for the cost of <br /> legal services associated with the above mentioned public records request. La. R.S. 18:1505.2(1) <br /> provides that contributions received by a candidate or a political committee may be expended for any <br /> lawful purpose, but such hinds shall not be used, loaned, or pledged by any person for any personal <br /> use unrelated to a political campaign, the holding of a public office or party position. The public <br /> records request is based upon Rep. Pierre's ability to remove or appoint a person to or from the <br /> SMILE Board. Rep. Pierre, as an elected official within Lafayette Parish, may serve or appoint a <br /> person in his stead to serve on the SMILE Board. The use of campaign funds by Rep. Pierre for <br /> payment of legal services rendered by you would be considered funds wed for the holding of Rep. <br /> Pierre's public office. Therefore, it would not be prohibited by La. R.S. 18:1505.2(1). <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Campaign Finance Disclosure Act. The <br /> Board issues no opinion as to past conduct or laws other than Campaign Finance Disclosure Act. <br /> If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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