2024-469 - Laserfiche WebLink

Further, Governor Landry must complete the "Public Servant Attestation" section, along with the details of the complimentary travel or lodging: Public Servant Attestation: By my signature below,the above-provided information is true and correct to the best of my knowledge,information, and belief. PUBLIC SERVANT'S SIGNATURE: DATE: Form 413, with both sections completed, must be filed with the Board within 60 days of the ac- ceptance of the complimentary admission,travel, or lodging. Issue No. 3: Whether Governor Landry's status as a constitutional officer affects his re- quirement under Section 1115.2 to file Form 413? With respect to your question as to whether Governor Landry's status as a"Constitutional officer" affects his requirement to file Form 413,the Board notes that the Code does not contain the phrase "constitutional officer" and provides no definition for such a phrase. However, the definitions of "public servant"and"elected official"contained in La. R.S. 42:1102 make no differentiation as to the nature of the elected official's status with respect to the state constitution: any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate is an "elected official," and all elected officials are public servants. Accordingly, the provisions and requirements of the exception contained in La. R.S. 42:1115.2 apply to all public servants, which includes all elected officials. CONCLUSION Based on the facts presented,the Board concluded, and instructed me to inform you,that to qualify for the exception contained in La. R.S. 42:1115.2, Governor Landry is required to file Form 413 with the Board within sixty days of his receipt of complimentary admission, lodging, and trans- portation received in connection with his duties as Governor of the State of Louisiana. Form 413 requires his signatures as both the public servant accepting the benefit and in his capacity as the agency head certifying the approval meets the requirements of La. R.S. 42:1115.2. Changes to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600. Sincerely, LOUISIANA BOARD OF ETHICS David M. Bordelon For the Board Page 4 of 4 (BD 2024-469)