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Last modified
7/12/2021 9:47:30 AM
Creation date
5/11/2021 8:58:58 AM
Metadata
2020-727
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-727
Requesting Party
Tom Hanlon
Decision Date
5/7/2021
Law
R.S. 42:1124.2.1
R.S. 42:1124.2.1(D)(1)(a)
R.S. 42:1124.2.1D(1)(b)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not require members of the Capital Area Transit System Employees' Pension Fund Board of Trustees to file annual personal financial disclosure statements.
Ethics Subject Matters
Disclosure - Personal Financial
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Mr. Tom Hanlon <br /> Ethics Board Docket No. 2020-727 <br /> May 10, 2021 <br /> Page 2 <br /> municipality,(iv)any board or commission or like entity that governs a political subdivision created <br /> by a single municipal governing authority of a municipality with a population of twenty-five <br /> thousand or less, or any subdistrict of such a political subdivision, (v) a board of directors of a <br /> private nonprofit corporation that is not specifically created by law, (vi) any board or commission <br /> that does not have the authority to expend, disburse, or invest more than fifty thousand dollars of <br /> funds in a fiscal year and whose members are not eligible to receive any compensation, per diem, <br /> or reimbursement of expenses for services on the board or commission, or (vii) any board or <br /> commission that is the governing authority of a special district established by Chapter 29 of Title 33 <br /> of the Louisiana Revised Statutes of 1950 or pursuant to Chapter 30-A of Title 33 of the Louisiana <br /> Revised Statutes of 1950 for the purpose of improvement or beatification of the district or promoting <br /> and adding to the security of district residents,provided that the boundaries of the special district are <br /> not conterminous with the boundaries of a parish or municipality and provided that the board or <br /> commission does not have the authority to collect, expend, disperse, or invest more than five <br /> hundred thousand dollars of funds in a fiscal year. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that members of the Capital Area Transit <br /> System Employees'Pension Fund Board of Trustees are not required to file annual personal financial <br /> disclosure statements pursuant to R.S. 42:1124.2.1. Since the Capital Area Transit System <br /> Employees'Pension Fund was created through an agreement between the ATU Local 1546 and the <br /> Capital Transportation Corporation,the Capital Area Transit System Employees'Pension Fund does <br /> not meet the definition of a"board or commission"as defined in La. R.S. 42:1124.2.1 D(1)(a). <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If <br /> you have any questions,please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISl NA BOARD OF ETHICS <br /> land <br /> Tracy M. B.jr <br /> For the Bo. <br />
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