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Entry Properties
Last modified
7/12/2021 9:47:30 AM
Creation date
5/11/2021 8:58:58 AM
Metadata
2020-727
Fields
Template:
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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of LOG STATE OF LOUISIANA <br /> �4,`, .Igt7,1,, DEPARTMENT OF STATE CIVIL SERVICE <br /> ��� ° 'y LOUISIANA BOARD OF ETHICS <br /> rip > P.O.BOX 4368 <br /> ` �, BATON ROUGE, LA 70821 <br /> °oHF�oEHc (225)219-5600 <br /> " ' FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> May 10, 2021 <br /> Tom Hanlon. <br /> 1307 Seaboard Avenue <br /> Baton Rouge, Louisiana 70810-6260 <br /> Re: Ethics Board Docket No.2020-727 <br /> Dear Mr. Hanlon: <br /> The Louisiana Board of Ethics,at its May 7,2021 meeting,considered your request for an advisory <br /> opinion as to whether members of the Capital Area Transit System Employees'Pension Fund Board <br /> of Trustees are required to file annual personal financial disclosure statements pursuant to R.S. <br /> 42:1124.2.1. <br /> FACTS PROVIDED <br /> You stated that the Capital Area Transit System Employees' Pension Fund (formerly the Capital <br /> Transportation Corporation Employees'Pension Plan)was created in 1973 by virtue of an agreement <br /> between the ATU Local 1546 and the Capital Transportation Corporation. The laws which created <br /> the Capital Transportation Corporation have been repealed and replaced with laws that changed the <br /> Capital Transportation Corporation to the Capital Area Transit System. The Pension Fund does have <br /> the authority to expend, disburse or invest$10,000 or more in funds in a fiscal year. <br /> LAWS <br /> La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or <br /> commission which has the authority to expend, disburse or invest $10,000 or more of funds in a <br /> fiscal year on or before May 15th of each year during which the person holds office and the year <br /> following termination of the holding of such office. <br /> La.R.S. 42:1124.2.1(D)(1)(a) defines a board or commission as(i) each board, commission, and <br /> like entity created by law or executive order that is made a part of the executive branch of state <br /> government by the provisions of Title 36 of the Louisiana Revised Statutes of 1950,or that is placed <br /> in an executive branch department or in the office of the governor or lieutenant governor by law or <br /> executive order,or that exercises any authority or performs any function of the executive branch of <br /> state government; (ii) each board, commission, and like entity created by the constitution, by law, <br /> by a political subdivision,except as provided in Subparagraph(b)of this Paragraph,or jointly by two <br /> or more political subdivisions as a governing authority of a political subdivision of the state or of <br /> a local government. <br /> La. R.S. 42:1124.2.1D(1)(b) states that a"board or commission" shall not mean(i)the governing <br /> authority of a parish,(ii)any board or commission or like entity that governs a political subdivision <br /> created by a single parish governing authority of a parish with a population of two hundred thousand <br /> or less, or any subdistrict of such a political subdivision, (iii) the governing authority of a <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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