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A LITTLE BIT AFTER NINE.SO WE'LL GO AHEAD AND GET STARTED
[Ethics Training 2026]
WITH SOME INTRODUCTIONS.UM, JUST BRIEFLY THANK Y'ALL FOR BEING HERE, UM, FOR OUR BOARDING COMMISSION TRAINING FOR 2026.
UM, THE WEATHER AND, UM, SOME OTHER, UH, INCONVENIENCE, UM, INCIDENTS KEPT US FROM DOING THIS FOR THE LAST COUPLE OF YEARS, SO IT'S REALLY GREAT TO BE ABLE TO DO THIS IN PERSON WITH EVERYBODY.
UM, I HOPE Y'ALL GET A LOT OUT OF IT.
UM, AND IF Y'ALL HAVE QUESTIONS ALONG THE WAY, I DON'T THINK ANY OF THE PRESENTERS WILL MIND YOU RAISING YOUR HAND TO ASK A QUESTION.
UM, SO JUST, UM, BY WAY OF INTRODUCTION, UM, I'M ASHLEY BECK.
I'M THE COUNCIL ADMINISTRATOR TREASURER FOR THE CITY OF BATON ROUGE AND PARISH OF EAST BATON ROUGE.
UM, RIGHT OVER HERE TO MY RIGHT IS JUSTIN MEYERS.
HE IS THE ASSISTANT COUNSEL ADMINISTRATOR.
UM, AND THIS IS COURTNEY KING.
UM, SHE IS THE DEPUTY PARISH ATTORNEY.
UM, YOU'RE GONNA HAVE SEVERAL DIFFERENT PEOPLE, UM, PRESENTING TO YOU TODAY, BUT IF QUESTIONS COME UP, UM, IF YOU JOT 'EM DOWN, EITHER JUSTIN OR I SHOULD BE IN HERE MOST OF THE DAY.
SO FEEL FREE TO COME TO US WITH YOUR QUESTIONS, AND IF WE CAN'T ANSWER THEM, WE WILL FIND SOMEONE WHO CAN.
UM, SO, UM, I JUST WANNA GIVE Y'ALL KIND OF AN OVERVIEW OF WHAT MY OFFICE DOES, UM, AND Y'ALL'S ROLES AS MOSTLY, UM, CITY PARISH BOARD AND COMMISSION MEMBERS.
THIS IS OPEN TO, YOU KNOW, EMPLOYEES AND, UH, ANYBODY ELSE WHO IS INTERESTED IN THE SUBJECT MATTER.
BUT, UM, SO I AM APPOINTED BY THE METROPOLITAN COUNCIL.
THIS IS WHERE THEY MEET ON THE SECOND AND FOURTH WEDNESDAY OF EACH MONTH.
UM, WE HAVE 12 COUNCIL MEMBERS REPRESENTING DISTRICTS, UM, ACROSS EAST BATON ROUGE PARISH.
AND, UM, MY OFFICE HANDLES COUNCIL MEETINGS, AGENDAS, UM, MINUTES FOR THOSE MEETINGS.
UM, SO A LOT OF WHAT WE'RE COVERING TODAY ARE THINGS THAT MY OFFICE ALSO NEEDS TO STAY ABREAST OF.
SO, UM, AND, UM, WE ALSO HANDLE TREASURY FUNCTIONS FOR THE CITY PARISH.
SO IF ANY OF Y'ALL GET A, A CHECK FROM THE CITY, THAT COMES THROUGH MY OFFICE AS WELL.
UM, AS A GENERAL KIND OF OVERVIEW, OBVIOUSLY THE CITY PARISH AND ALL OF ITS BOARDS AND COMMISSIONS AND GOVERNING BODY ARE SUBJECT TO LOUISIANA STATE LAWS.
BUT WE ALSO HAVE, UM, LOCAL LAWS THAT ARE APPLICABLE TO MUCH OF WHAT Y'ALL DO.
UM, WE HAVE CITY PARISH ORDINANCES, WHICH ARE, YOU CAN FIND ONLINE.
WE ALSO HAVE, UM, THE PLAN OF GOVERNMENT, WHICH IS KIND OF THE CITY PARISH'S, EXCUSE ME, CONSTITUTION GOVERNING, UM, DOCUMENT IT.
AND IF YOU WOULD LIKE A COPY OF IT, UM, I HAVE SEVERAL COPIES OVER HERE.
UM, IT WAS, UH, VOTED ON BY THE PEOPLE IN, EXCUSE ME, BY, UH, THE PEOPLE IN EAST BATON ROUGE PARISH IN 1947.
UM, AND IT, UH, BECAME LAW IN 1949, CONSOLIDATING THE CITY AND PARISH GOVERNMENTS, UM, FOR MANY PURPOSES, NOT ALL, BUT FOR MANY PURPOSES.
UM, AND IT HAS BEEN AMENDED MANY TIMES SINCE 1949.
SO, AND IT HAS BEEN IN THE NEWS A LITTLE BIT OVER THE LAST, UM, COUPLE OF YEARS, UM, WITH DIFFERENT INITIATIVES.
SO, UM, AND THEN, SO THAT'S KIND OF JUST A VERY BRIEF OVERVIEW OF, UM, MY OFFICE, WHAT WE DO AND, AND CITY PARISH GOVERNANCE GENERALLY.
UM, I WILL LET Y'ALL KNOW RESTROOMS ARE RIGHT OUTSIDE.
IF YOU WANT COFFEE, WATER, UM, WE HAVE SOME FRUIT AND SOME PASTRIES.
UM, AND, UM, THERE'S TEA AND HOT COCOA MIX AND STUFF.
SO IF Y'ALL WANT TO DO THAT BEFORE COURTNEY GETS STARTED, YOU ARE, UM, MORE THAN WELCOME TO.
AND, UM, HOPEFULLY SHE'LL, SHE'LL BE ABLE TO GET STARTED IN JUST A FEW MINUTES.
HOW'S EVERYONE DOING? UM, SO JUST TO LET YOU KNOW, THIS OPEN MEETINGS LAW HANDOUT THAT I'M HANDING OUT, THIS IS PUT OUT BY THE LUIGI, LOUISIANA LEGISLATIVE AUDITOR.
THEY AUTOMATICALLY UPDATE DATE THIS, UM, HANDOUT, UM, REALLY ON AN ANNUAL BIANNUAL BASIS.
YOU DON'T HAVE TO SEARCH FOR THE UPDATED VERSION BECAUSE IF YOU GOOGLE, YOU KNOW, LLA OPEN MEETINGS LAW, THIS WOULD GENERALLY POP UP AND IT'LL ALWAYS BE THE NEWEST VERSION THAT'S THAT'S AVAILABLE.
SO YOU DON'T HAVE TO WONDER ABOUT WHETHER YOU GOT THE MOST CURRENT ONE WITH THE MOST, YOU KNOW, CURRENT INFORMATION.
I REALLY ENJOYED THIS HANDOUT.
I MEAN, WHEN I FIRST GOT INTO THIS POSITION
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OF, UH, SECTION CHIEF, UH, OF LEGIS UH, LEGISLATION, UM, IN 2017, UH, I CAN'T REMEMBER IF ASHLEY TOLD ME ABOUT THIS OR NOT, BUT I ENJOY IT BECAUSE NOT ONLY DO THEY GIVE YOU THE HIGH POINTS OF OPEN MEETINGS LAWS, NOT JUST A RECITATION OF THE REVISED STATUTES, WHICH, WHICH, LOOK, I GET IT, IT'S BORING.I MEAN, I'M AN ATTORNEY AND I READ THIS STUFF ALL THE TIME, SO I CAN ONLY IMAGINE WHAT IT DOES FOR LAY PEOPLE.
IT'S, YOU KNOW, YOU YOU'RE TRYING TO FIGURE OUT WHAT THEY'RE REALLY SAYING.
YOU'RE HAVING TO LIKE, UNDERSTAND THE LEGALESE OF IT.
UM, I LIKE THIS BECAUSE IT KIND OF GIVES IT TO YOU STRAIGHT SO THAT YOU KNOW WHAT YOU'RE DEALING WITH.
AND IT ALSO GIVES YOU EXAMPLES TOWARDS THE BACK OF, UM, ATTORNEY GENERAL OPINIONS, WHICH IS, UH, EQUALLY AS HELPFUL BECAUSE YOU CAN SEE HOW THESE LAWS ARE PUT INTO PRACTICE.
AND WHEN PEOPLE ARE GETTING IN TROUBLE AND VIOLATING OPEN MEETINGS, LAW, LAW WHEN OPEN MEETINGS, UM, ARE GETTING CHALLENGED, PUBLIC BODIES ARE, ARE BEING SUED BECAUSE THEY DID NOT FOLLOW THE LAWS.
UM, IT'S GREAT TO SEE HOW, AND THIS, THEY GIVE YOU A LOT OF DIFFERENT EXAMPLES, EXCUSE ME, AND THEY UPDATE THOSE AS WELL.
SO I'M JUST GONNA DO PRETTY MUCH A QUICK OVERVIEW.
I CAN'T SAY THAT I'LL EVEN TAKE AN HOUR OF YOUR TIME, UH, WHICH I LOVE.
I I CAN'T STAND WHEN FOLKS BE TALKING AND TALKING, BUT, UM, SO I'M, I'M GONNA HIT IT,
I'M GONNA HIT IT AND QUIT IT SO Y'ALL CAN GET SOME MORE COFFEE.
SO, LOOK, WHAT I'M GONNA DO IS, UM, MY PRESENTATION, UM, THANK YOU JUSTIN, MY PRESENTATION, UM, UH, WILL TRY TO FOLLOW, I'LL, I'M GONNA POINT OUT WHERE I'M TALKING ABOUT IN THE OPEN MEETINGS HAND.
SO Y'ALL GONNA BE PROBABLY FLIPPING BACK AND FORTH, YOU KNOW, SO, BECAUSE I'M GONNA TELL YOU WHAT PAGE YOU NEED TO GO TO ON YOUR HANDOUT SO THAT YOU CAN, YOU KNOW, IDENTIFY WHAT I'M TALKING ABOUT, WHICH LAW I'M TALKING ABOUT.
OKAY? SO, YOU KNOW, WHAT, WHAT'S THE DEAL WITH OPEN MEETINGS? YOU KNOW, UM, IT'S A BIG DEAL IN, IN THE, SAY, LOUISIANA OPEN MEETINGS IS A, IS THE OPPORTUNITY.
IT'S NOT, IT'S FOR THE BOARDS AND COMMISSIONS TO COME TOGETHER AND MAKE A DECISION ON SOMETHING AND TAKE SOME ACTION.
BUT THE REAL STARS OF THE SHOW IS THE PUBLIC.
WHEN THEY COME TO A, TO AN, UH, AN, A MEETING OF A PUBLIC BODY, IT'S BECAUSE THEY ARE THERE TO USUALLY CUSS SOMEBODY OUT AND IT'S, AND IT'S Y'ALL.
AND THEY WANNA LET YOU KNOW THAT THEY DON'T LIKE SOMETHING OR THEY LIKE SOMETHING.
ARE THEY IN SUPPORT OF SOMETHING? THEY WANT TO SEE HOW YOU'RE VOTING, HOW YOU ARE TAKING DECISIONS, HOW YOU ARE COMING TOGETHER AND MAKING DETERMINATIONS ON THINGS.
AND SOMETIMES YOU GET REGULAR, UH, PEOPLE, YOU SAY YOU KNOW WHO YOUR REGULARS ARE, AND THEY JUST WANT TO KIND OF GET TO KNOW YOU, YOU KNOW, AND HOW YOU, YOU KNOW, MAKE DETERMINATIONS ON CERTAIN, UH, AGENDA ITEMS. BUT THAT IS THE BIG DEAL, IS THAT THE PUBLIC IS GETTING AN OPPORTUNITY TO SEE HOW DECISIONS ARE BEING MADE THAT AFFECTS THEM.
EVERY MEETING OF A, OF ANY PUBLIC BODY SHALL BE OPEN TO THE PUBLIC UNLESS THERE'S A VALID, UH, UH, UNLESS THERE'S A, AN AN EXECUTIVE SESSION THAT'S GONNA BE CALLED.
AND WE'LL TALK ABOUT THAT IN A LITTLE WHILE.
A MEETING OCCURS WHEN A QUORUM IS GATHERED.
A QUORUM IS JUST A SIMPLE MAJORITY, YOU KNOW, SO WHEN YOU HAVE A BODY OF FIVE PEOPLE, THREE PEOPLE MAKES A QUORUM, IT'S, IT'S, IT'S JUST THAT CUT IT IN HALF, ADD ONE, BOOM.
YOU GOT YOUR SIMPLE MAJORITY, KEEP IT MOVING.
THESE ARE THE FOLKS THAT ARE GONNA COME TOGETHER AND THEY'RE GONNA DEBATE, BUT THEY'RE GONNA ACT ON A PUBLIC MATTER, UM, AND WHATEVER THEY HAVE SUPERVISION OF.
UM, OPEN MEETINGS, LAWS GENERALLY, GENERALLY DON'T APPLY WHEN YOU'RE, WHEN YOU'RE TALKING ABOUT PURELY EDUCATIONAL EVENTS SUCH AS THIS ONE, RIGHT? SOME OF YOU GUYS ARE HERE TODAY AND YOUR ENTIRE BOARD IS HERE.
GENERALLY SPEAKING, YOU, YOU WOULD BE IN VIOLATION OF THE OPEN MEETINGS LAW BECAUSE YOU GUYS HAVE GATHERED, YOU'VE REACHED THE QUORUM, BUT THIS IS AN EDUCATIONAL MEETING.
YOU'RE HERE TO LEARN SOMETHING, GET SOME INFORMATION.
SO IT WOULD NOT COUNT, OKAY? THAT'S GENERALLY, NOW, IF Y'ALL STEP OUTSIDE AND START TALKING ABOUT SOMETHING THAT'S ABOUT TO COME UP ON Y'ALL AGENDA, YOU ARE IN A DIFFERENT TERRITORY THEN, RIGHT? THAT'S A DIFFERENT THING.
UM, YOU MIGHT HAVE A CHANCE MEETING EVERYBODY'S INVITED TO THE SAME EVENT, A SOCIAL EVENT, UH, EVERYBODY SHOWS UP.
THAT'S A, THAT'S KIND OF A CHANCE MEETING.
UM, THAT'S NOT NECESSARILY CONSIDERED A VIOLATION, BUT AGAIN, YOU HAVE TO BE CAREFUL.
YOU HAVE TO BE CAREFUL WITH THAT.
SO IT DOES NOT APPLY WHEN YOU HAVE THOSE KIND OF SITUATIONS, UH, AND MEMBERS OF A PUBLIC BODY AT WHICH THERE IS NO VOTE OR THEY'RE NOT TAKING ACTION, INCLUDING FORMAL OR INFORMAL POLLING OF MEMBERS.
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SO WHEN YOU'RE TALKING ABOUT POLLING OF MEMBERS, IT'S LIKE WHEN YOU'RE GETTING TOGETHER AND YOU'RE LIKE, WELL, WHAT DO YOU THINK ABOUT THIS? HOW, HOW DO YOU THINK YOU'RE GONNA VOTE ON THIS? OKAY, IT'S NOT AN OFFICIAL VOTE, BUT YOU'RE ASKING, YOU'RE KIND OF TRYING TO FIGURE OUT WHICH WAY THE, THE MEMBERS OF THAT BOARD OR COMMISSION, UH, ARE GOING TO, TO VOTE ON SOMETHING.AND I'M SORRY, I, I MEANT TO TELL YOU GUYS WHAT I'M TALKING ABOUT IS ON PAGE SEVEN OF YOUR HANDOUT.
SORRY, I DIDN'T POINT THAT OUT.
SO ON PAGE 11 OF YOUR HANDOUT, COMPLIANCE, THESE ARE JUST ELEMENTS FOR COMPLIANCE.
WHEN YOU'VE GOT A BOARD, UH, YOU MUST POST, UM, A COPY OF YOUR OPEN MEETINGS LAW AS LIBERALLY AS POSSIBLE.
THIS IS IDEAL, UM, TO DO IT IN AT THE PUBLIC BODY'S OFFICE OR AT THE LOCATION OF THE MEETING, IF THAT'S DIFFERENT FROM THE PUBLIC BODY'S OFFICE.
SO A COPY OF THE OPEN MEETINGS OR LAW USUALLY, YOU KNOW, POSTED SOMEWHERE IN THOSE VICINITIES, UM, ON PAGE NINE AND 14.
YOU'VE GOT INFORMATION THERE ON BOTH OF THOSE PAGES THAT TALK TO THAT TALK ABOUT PUBLIC COMMENT.
UM, I'M ALSO A, A, A BOARD ATTORNEY, AND I'VE GOT ANOTHER BOARD ATTORNEY HERE, DEANNE FRAZIER.
SHE SITS ON A COUPLE OF OF BOARDS FOR OUR OFFICE TOO.
UM, YOU START GETTING A RHYTHM FOR HOW BOARDS KIND OF, YOU KNOW, UH, RUN THEIR MEETINGS.
AND THERE'S BEEN SEVERAL TIMES WHERE I'VE SAT IN ON BOARDS, BOARD MEETINGS WHERE THEY CALL FOR THE VOTE AND THEN THEY TAKE COMMENT AFTERWARDS.
YOU'VE JUST KILLED THE WHOLE, THE LITERALLY THE ENTIRE PURPOSE OF THE, OF THE MEETING.
YOU WANT TO HEAR WHAT THE PUBLIC HAS TO SAY THAT MIGHT INFLUENCE YOUR VOTE.
THEY MIGHT BRING SOMETHING TO LIGHT OR, OR PUT SOMETHING ON YOUR MIND THAT MAKES YOU CONSIDER IT, CONSIDER THE AGENDA ITEM DIFFERENTLY.
AND SO THAT'S WHY YOU WANNA MAKE SURE THAT THE PUBLIC, UH, COMMENTS BEFORE YOU TAKE ACTION, OKAY? SO THE GOVERNING BODY CAN ADOPT REASONABLE RULES AND RESTRICTIONS REGARDING THE PUBLIC COMMENT PERIOD AND LIMITATIONS.
I'VE GOTTEN LOTS OF CALLS OVER THE YEARS ABOUT, YOU KNOW, HOW LONG CAN THE PUBLIC TALK THEY GETTING UP HERE AND THEY TALKING IN 10 MINUTES, IN 20 MINUTES.
AND, AND I'M LIKE, WELL, GO AHEAD AND ADOPT A RULE.
ADOPT A RULE AND ALLOW THEM THREE TO FIVE MINUTES, YOU KNOW, IT'S, IT'S UP TO, IT IS UP TO THE BOARD.
WHATEVER Y'ALL CAN WITHSTAND FROM THE, FROM THE PUBLIC, OKAY? THEY CAN, THEY CAN COME UP THERE THREE TO FIVE MINUTES AND, YOU KNOW, SAY WHATEVER THEY HAVE TO SAY.
UM, AND YOU HAVE TO BE, ONCE YOU ADOPT THAT RULER, YOU HAVE TO BE STRICT ABOUT IT.
'CAUSE EVERYBODY NEEDS TO BE TREATED THE SAME.
SO IF BOBBY GETS UP THERE AND STARTS TALKING FOR THREE MINUTES, BUT THEN YOUR NEIGHBOR COMES UP AND YOU'RE LIKE THEM 'CAUSE Y'ALL GUARD TOGETHER AND YOU GIVE THEM 10, THAT AIN'T GONNA CUT IT.
YOU ARE LOOKING AT A LAWSUIT, OKAY.
SO EVERY THAT, THAT'S GONNA APPLY ACROSS THE BOARD TO EVERY OR EVERYBODY THAT COMES UP TO MAKE PUBLIC COMMENT.
AND YOU CUT THEM OFF AND YOU'RE NICE ABOUT IT.
OKAY? YOU'RE VERY NICE ABOUT, ABOUT LETTING THEM KNOW.
USUALLY OUR MAYOR, PRO TEM WILL TELL, LET SOMEBODY KNOW WHEN THEY HAVE ABOUT A MINUTE LEFT, 30 SECONDS LEFT.
I MEAN, THIS IS A, A VERY, YOU KNOW, WE ARE, WE'RE IN A, WE'RE IN COUNCIL CHAMBER.
SO THEY HAVE THE LUXURY OF ALL THIS TECHNOLOGY.
AND SO WHEN THE, WHEN THE PUBLIC COMES UP AND SPEAK, THERE'S ACTUALLY A CLOCK THAT'S COUNTING DOWN.
YOU KNOW? SO ALL THOSE THINGS, REGULAR BOARDS DON'T HAVE THAT Y'ALL IN LIKE SOMEBODY'S, YOU KNOW, KITCHEN SOMETIMES.
I MEAN, I'VE SEEN BOARDS MEETING ALL KIND OF DIFFERENT PLACES, AND YOU DON'T HAVE THAT.
SO, SO WHOEVER THE CHAIR IS, YOU KNOW, IS USUALLY THE PERSON THAT'S KEEPING TIME, MAKING SURE THAT THE MEETING IS MOVING ALONG IN A REASONABLE, UH, MANNER.
TIMELY MANNER, OKAY? HOWEVER, YOU KNOW, PEOPLE WHO WILLFULLY DISRUPT, UM, THE ORDERLY CONDUCT OF A MEETING, THEY CAN BE EJECTED.
UM, WHEN YOU HAVE A PUBLIC COMMENT PERIOD WHERE THE PERSON IS COMING UP THERE AND THEY SPEAKING ON SOMETHING THAT'S NOT ON TOPIC, NOT GERMANE TO THE AGENDA ITEM, THE CHAIR CAN DEFINITELY TELL THEM, YOU KNOW, TO REIGN IT BACK IN, STAY ON TOPIC.
THAT'S NOT WHAT'S ON THE AGENDA RIGHT NOW.
YOU KNOW? SO YOU HAVE THE AUTHORITY AND THE OPPORTUNITY TO DO THAT.
PAGE 19 OF YOUR HANDOUT, STILL TALKING ABOUT COMPLIANCE FOR, FOR PUBLIC MEETINGS, OKAY? UM, OVER THE YEARS, I'VE GOTTEN A LOT OF CALLS ABOUT, YOU KNOW, WHETHER OR NOT PEOPLE CAN COME IN THERE AND RECORD.
THEY COME IN THERE, WE RECORD.
PEOPLE COME IN THERE WITH THEIR PHONES OUT, THEY WANNA RECORD EVERYTHING, YOU KNOW, CAN THEY DO THAT? YOU KNOW, SOMETIMES BOARD MEMBERS FEEL LIKE IT'S A DISRUPTION.
THEY DON'T WANT TO BE ON ANYBODY'S
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CASE.COMING IN THERE WITH MY PHONE.
BUT YOU KNOW, THEY CAN DO THAT.
THEY CAN BRING A RECORDING DEVICE.
THEY CAN DO IT WITH THEIR PHONE.
THAT IS, THAT IS, YOU KNOW, WHAT THEY CAN DO AS THE MEMBER OF THE PUBLIC.
NOW, HAVING SAID THAT THOUGH, IF YOU DO, OR IF YOU ARE ONE OF THOSE KIND OF MEETINGS WHERE PEOPLE ARE COMING IN AND RECORDING, YOU CAN ADOPT RULES SO THAT YOU CAN ESTABLISH BOUNDARIES AND DECORUM, RIGHT? BECAUSE YOU DON'T WANT THEM COMING IN THERE AND THEY GOT A BIG CAMERA LIGHT AND THEY GOING CRAZY.
AND THEY ACTING LIKE THEY A TV PRODUCER.
AIN'T THAT RIGHT, TODD? YOU KNOW, THEY GOING
THEY DISRUPTING, THEY DOING ALL KINDS OF STUFF.
YOU KNOW, LET'S ACT LIKE WE GOT SENSE.
SO YOU CAN ADOPT RULES FOR, TO ENSURE PROPER DECORUM.
EQUIPMENT SHOULD NOT INTERFERE WITH THE CONDUCT OF BUSINESS OR THE RIGHT TO OBSERVE, RIGHT? BECAUSE THAT, THAT COULD BE DISRUPTIVE TO OTHER PEOPLE THERE THAT ARE TRYING TO ENJOY THE MEETING, RIGHT? OTHER MEMBERS OF THE PUBLIC.
UM, ON THE FLIP SIDE OF THAT, A PUBLIC BODY MAY ALSO VIDEO AND RECORD, UH, AND FILM THEIR OWN MEETING.
UM, AND THERE'S USUALLY A RETENTION PERIOD FOR KEEPING THOSE KIND OF RECORDINGS TOO.
I THINK IF YOU'VE EVER LOOKED BACK IN THE HISTORY ON, UH, METROPOLITAN COUNCILS, UH, THE CITY WEBSITE, YOU CAN GO BACK SO FAR AND WATCH OLD MEETINGS.
THEY DON'T GO ON FOREVER THOUGH.
I THINK IT MIGHT BE TWO OR THREE YEARS.
MEANING WHO? THE, THE, THE BOARDS.
NOW WE DO THE METROPOLITAN COUNCIL.
DOES YOU, CAN WE STREAM ON FACEBOOK? ON FACEBOOK LIVE? YEAH.
AND I THINK THAT IF YOU, IF YOUR, IF YOUR BOARD OF COMMISSION HAS A FACEBOOK PAGE THAT'S MAINTAINED, YOU CAN STREAM IT LIVE IF YOU, IF YOU DESIRE, THERE IS A REQUIREMENT TO BROADCAST MEETINGS, BUT IT'S NOT FOR ALL BOARDS AND COMMISSIONS, IT'S JUST FOR A SELECT FEW.
SO YOU'RE NOT REQUIRED TO DO THAT.
BUT IF YOU WANNA PROVIDE THAT TO THE, AS A, YOU KNOW, AS AN ACCOMMODATION TO THE PUBLIC, YOU PROBABLY CAN.
YEAH, LET ME SEE IF THAT'S ONE THAT I HAVE HERE.
AND THAT, AND THAT'S BECOME A THING OVER THE YEARS WHERE, UH, YOU KNOW, THE LEGISLATURE HAS, HAS STARTED, IS STARTING TO RECOGNIZE THE USE OF TECHNOLOGY AND THAT, YOU KNOW, PEOPLE CAN'T ALWAYS MAKE IT TO THE MEETINGS IN PUBLIC, YOU KNOW? UM, AND SO THEY WANNA BE ABLE TO PROVIDE THAT, UH, THAT ACCOMMODATION TO THE PUBLIC.
UM, AND SO, YEAH, NOW IT'S TURNING INTO LEGISLATION AND, AND A LAW THAT THEY HAVE TO DO IT, RIGHT? NOPE, I'M GONNA GET TO THAT
NOW THERE'S EXCEPTIONS, BUT, UM, I'M, I'M GONNA GET TO THAT 'CAUSE I GET THOSE CALLS TOO.
CAN'T WE JUST MEET BY, YOU KNOW, I DON'T, I CAN'T DRIVE OUT THERE, YOU KNOW, YOU GOTTA SHOW UP IN PERSON STILL, BUT WE GOING, WE GONNA GET TO THAT.
UH, YEAH, WE PROBABLY TO IT RIGHT NIGHT.
I KNOW IT'S A HARDSHIP FOR MANY PEOPLE.
UM, YOU KNOW, FOR VARIOUS REASONS.
YOU KNOW, IT, IT DISRUPTS YOUR DAY.
I MEAN, I'M SIT I SIT ON A BOARD WHERE THEY MEET AT LUNCHTIME, WHICH GENERALLY SPEAKING IS A DISRUPTION IN THE DAY.
WE GOTTA GO ALL THE WAY OUT THERE BY THE AIRPORT TO MEET.
UM, BUT I DO IT, I ALWAYS DO IT.
WHY? 'CAUSE THEY SERVE TONY'S FOR LUNCH.
SO I'M GONNA BE THERE,
SO IF YOU GOT FOOD, DON'T WORRY ABOUT IT, FOLKS DON'T SHOW UP.
SO, BUT GENERALLY SPEAKING, YOU HAVE TO MEET IN PERSON.
THAT'S JUST KIND OF THE BASELINE.
THAT'S WHERE YOU'RE STARTING OFF.
WHAT ARE THOSE EXCEPTIONS? WELL, I THINK WE COULD ALL, WE HAVE ALL SEEN DURING COVID, UM, THEY PROVIDED FOR THE LEGISLATURE HURRY UP AND HAD EMERGENCY MEETINGS DOWN THERE AND PROVIDED FOR THE OPPORTUNITY FOR BOARDS AND COMMISSIONS, MUNICIPALITIES, UM, POLITICAL SUBDIVISIONS TO MEET VIA ZOOM.
NOW, THAT'S WHEN THERE'S A DE DECLARATION OF EMERGENCY.
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I THINK, UM, 'CAUSE I THINK THIS IS STILL KIND OF RECENT, MAYBE LIKE 20 23, 20 24, THERE WAS A PARTICULAR BOARD MEMBER WHO ACTUALLY SUED THEIR BOARD BECAUSE THEY, UM, WERE HANDICAPPED.AND THE BOARD WAS, UH, MANDATING THAT THEY SHOW UP, UH, IN PERSON.
AND SOMETIMES THIS PERSON COULD NOT JUST GET UP AND GO AS THEY WISH.
I THINK THIS PERSON WAS IN A WHEELCHAIR ACTUALLY.
AND, AND SOME MEETINGS, SHE JUST WAS NOT ABLE TO MAKE IT.
AND, UH, AND IT BECAME A PROBLEM TO THE DEGREE, I THINK, IF I REMEMBER THIS CASE CORRECTLY, WHERE I THINK THEY WERE TALKING ABOUT KICKING HER OFF THE BOARD.
UM, AND SO SHE ENDED UP SUING.
AND, UH, AND SO THEY HAVE CREATED A, I THINK FROM THAT LAWSUIT, THEY CREATE A LAW WAS CREATED TO, TO ACCOMMODATE A DA SITUATIONS.
UM, SO YOU HAVE THAT ALSO, IF YOU, IF YOU HAVE ANY BOARD MEMBERS THAT ARE, YOU KNOW, SUBJECT TO, UM, A DA RULES, UH, KEEP THAT IN MIND.
THERE'S ALSO ANONYMOUS, I TALKED ABOUT THE EMERGENCY EXCEPTION WITH, YOU KNOW, NATURAL DISASTERS AND THE GOVERNOR DECLARING AN EMERGENCY.
THERE'S ALSO NON-EMERGENCY EXCEPTION, BUT I THINK I SAID THIS BEFORE, IT ONLY APPLIES TO PUBLIC BODIES WHOSE POWERS AND FUNCTIONS DO NOT APPLY TO A PARTICULAR POLITICAL SUBDIVISION OR REGION.
UM, I DON'T HAVE AN EXAMPLE OF OF WHICH PUBLIC BODY THAT WOULD BE.
IF ANYBODY IN THE AUDIENCE KNOWS, UH, YOU KNOW, ENLIGHTEN ME, I, I'D LOVE TO KNOW.
UM, BUT THERE IS A NON-EMERGENCY EXCEPTION THAT THAT DOES APPLY TO, TO THEM.
BUT IF YOU DON'T FIT IN THOSE CATEGORIES, YOU GOTTA SHOW UP, GET IN YOUR CAR, DRIVE THERE, AND SHOW UP TO THAT MEETING.
AND I'M SORRY, I THINK, UH, LET'S SEE, THAT WAS PAGES IN YOUR HANDOUT, PAGE 18 THAT TALKS ABOUT MEETING IN PERSON AND ALSO PAGES 25 THROUGH 28.
UM, THAT TALKS ABOUT EXCEPTIONS TO IN-PERSON MEETINGS.
UM, LET ME ALSO TALK A LITTLE BIT ABOUT THE VIVA VASE.
OKAY? THIS IS VOTING LI WITH A LIVE VOICE.
OKAY? THIS HAS BEEN VERY INTERESTING, UH, THIS, UM, THIS YEAR AND THIS LEGISLATIVE SESSION BECAUSE, UM, ATTORNEY GENERAL LIZ MERL ENDED UP SUING, UH, A BOARD OUT THERE IN SHREVEPORT.
I THINK, UH, I BELIEVE IT IS SHREVEPORT, BECAUSE I ENDED UP TALKING TO, UH, ONE OF THE ATTORNEYS OUT THERE ABOUT THIS BECAUSE SOME BOARDS AND COMMISSIONS PASS THEIR VOTES, UH, ELECTRONICALLY.
UM, THE MAYOR PRO TEM GETS UP THERE WHEN IT'S TIME TO CALL FOR A VOTE, ASHLEY WILL SAY THAT THE POLLS ARE OPEN.
AND THEN YOU COULD SEE EVERY COUNCIL MEMBER, YOU KNOW, PRESSING THE BUTTON, YOU KNOW, AND THEN YOU COULD SEE UP ON SCREEN, YAY OR NAY, RIGHT? UM, WELL SHE HAS TAKEN SOME EXCEPTION TO THAT WITH A PARTICULAR BOARD IN SHREVEPORT AND FILED SUIT AGAINST THEM AND SAID, THAT'S NOT VIVA VOSE.
NOW, THERE ARE SOME ATTORNEY GENERAL OPINIONS THAT, THAT, UM, STATE OTHERWISE.
NOW, ATTORNEY GENERAL OPINIONS ARE NOT THE LAW, BUT THEY'RE PERSUASIVE, UH, RULINGS.
I, YOU KNOW, FOR LACK OF A BETTER WORD.
UM, AND THEY KIND OF GIVE A LOT OF GUIDANCE TO MUNICIPALITIES, UM, BOARDS AND COMMISSION.
AND SO, BUT SHE, SHE SAYS SHE'S NOT WORRIED ABOUT THAT.
AND SO YOU WILL SEE IN THE LEGISLATURE THIS SESSION, THERE ARE AT LEAST TWO, THERE ARE AT LEAST TWO PENDING, UH, LEGISLATIVE ITEMS TO CURE THAT, TO CURE THAT ISSUE.
SO THAT, UM, THERE IS A PROVISION FOR, FOR METHOD OF VOTING AND PUBLIC MEETINGS, UH, ELECTRONICALLY.
UM, AND SO WE WON'T KNOW UNTIL EVERYTHING IS EVERYTHING.
I HAVE A FEELING THAT IT'LL GO THROUGH BECAUSE THAT'S JUST GONNA CAUSE JUST A LOT OF, A LOT OF DIFFERENT, UM, PROBLEMS BECAUSE THERE ARE A GOOD NUMBER OF BOARDS AND COMMISSIONS AND MUNICIPALITIES AND GOVERNMENTAL BODIES, UM, THAT VOTE ELECTRONICALLY.
I'M GONNA MENTION THIS REAL QUICKLY 'CAUSE IT MIGHT COME UP AGAIN LATER.
BUT, UM, THE VOTES SHALL BE RECORDED INTO THE MINUTES, WHICH ARE PUBLIC DOCUMENTS.
PLEASE NOTE THAT MINUTES ARE PUBLIC DOCUMENTS, OKAY? REQUIRED CONTENT OF, OF MEETING NOTICES.
I'M GOING TO GET TO IT IN A SECOND.
I'LL TELL YOU WHAT PAGE YOU COULD PROBABLY GO TO, LIKE PAGE 12 OR 13, I THINK IT'S ABOUT IN THERE.
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BUT IF THE PUBLIC BODY HAS ESTABLISHED REGULAR MEETINGS BY LAW RESOLUTION OR ORDINANCE, THEY MUST PROVIDE WRITTEN PUBLIC NOTICE OF EACH YEAR'S MEETINGS AT THE BEGINNING OF THE CALENDAR YEAR WITH THE DATE TIME IN PLACE.OKAY? SO REGULAR MEETINGS MEAN JUST THAT, YOU KNOW, IF YOU GO TO THE CITY'S WEBSITE, UM, YOU WILL GET A CALENDAR.
YOU CAN FIND A CALENDAR OF ALL OF OUR, ALL OF OUR MEETINGS, THEY'RE ALREADY SET OUT.
AND SO EVERY BOARD AND COMMISSION SHOULD DO THE SAME.
THEY SHOULD AT THE BEGINNING OF THE YEAR, OR MAYBE EVEN TOWARDS THE END OF THE YEAR, GETTING READY FOR THE NEW YEAR.
YOU WANNA GET YOUR CALENDAR TOGETHER FOR THE NEXT YEAR.
YOU KNOW, WHEN ARE WE GONNA MEET? YOU KNOW, WHY IS THAT? BECAUSE IT'S THE BENEFIT TO THE PUBLIC.
IT'S THE BENEFIT TO THE PUBLIC.
SO THEY DON'T HAVE TO GUESS WHEN YOU'RE MEETING.
EVERY TUESDAY AT 4:00 PM THIS IS WHEN, THIS IS WHEN Y'ALL ARE MEETING, YOU KNOW, UNLESS SOMETHING, YOU KNOW, EXCEPTIONAL HAP HAPPENS, THEY CAN COUNT ON THAT.
UM, AND SO YOU WANNA SET FORTH, YOU KNOW, WHAT THAT CALENDAR IS GONNA BE.
RIGHT NOW, YOU MIGHT HAVE SOME HICCUPS HERE AND THERE BECAUSE OF HOLIDAYS, SO YOU MIGHT HAVE TO SET IT ON ANOTHER DAY.
UM, BUT YOU DEFINITELY WANT TO BE MINDFUL TO SET A CALENDAR FOR YOUR REGULAR MEETINGS.
SPECIAL MEETINGS ARE DIFFERENT, RIGHT? SPECIAL MEETINGS IS BECAUSE THERE'S AN EMERGENCY THAT NEEDS TO BE, UM, UH, UH, YEAH,
YOU KNOW, SPECIAL MEETINGS HAPPEN WHEN SOMETHING NEEDS TO HAPPEN RIGHT NOW, UH, TO HANDLE THE BUSINESS OF THE BODY, THESE NOTICES.
UM, WELL, WHEN YOU, WHEN YOU ARE PUBLISHING THE NOTICE OF YOUR MEETING, IT, IT HAS TO INCLUDE THE FOLLOWING, THE DATE, TIME, AND PLACE OF THE MEETING, ALSO THE AGENDA, OKAY? ITEMS LISTED SEPARATELY AND DESCRIBE WHAT REASONABLE SPECIFICITY DETAILS FOR EXECUTIVE SESSION.
NOW, WE DEF WE HAVE BEEN SUED BEFORE.
WE HAVE BEEN SUED BEFORE BECAUSE OF A NOTICE ISSUE.
WE'VE BEEN SUED BEFORE WE WON, BUT WE TOOK NOTICE.
WE DEFINITELY TOOK NOTICE AND WE MADE, WE, WE TWEAKED, WE TWEAKED WHAT WE DID TO MAKE SURE THAT NOTICE WAS PROPERLY DONE AND NOT CONFUSING FOR THE PUBLIC.
UM, WE HAD ALSO, WE HAD ALSO, LAST YEAR WE HAD A COMPLAINT, UH, FILED AGAINST US, UM, BECAUSE THERE WAS SOME ITEM ON OUR AGENDA THAT, THAT THIS PARTICULAR, UH, CITIZEN DIDN'T FEEL WAS DESCRIBED, UH, WITH REASONABLE SPECIFICITY AGAIN.
UH, WHEN THE, WHEN THE COMPLAINT WENT TO, UM, WENT TO THE AGS OFFICE, UH, WE, WE DID NOT GET IN TROUBLE.
THANK GOODNESS WE DID NOT GET IN TROUBLE.
BUT WE, WE RECOGNIZED THAT WE COULD DO IT BETTER.
AND SO WE ENDED UP, YOU KNOW, TWEAKING HOW WE DESCRIBED A SPECIFIC AGENDA ITEM THAT COMES UP QUITE OFTEN.
UM, AND SO, YOU KNOW, WE THINK THAT THAT PROBABLY SATISFIED, UH, WITH THIS PERSON MIGHT HAVE BEEN LOOKING FOR.
BUT YOU WANNA BE MINDFUL OF THAT WHEN YOU ARE PUTTING YOUR AGENDA TOGETHER.
ITEMS NEED TO BE LISTED SEPARATELY AND DESCRIBED WITH REASONABLE SPECIFICITY.
AND ALSO, IF YOU'RE GOING TO ENTER INTO EXECUTIVE SESSION, THAT NEEDS TO BE NOTICED ON THERE.
IT NEEDS TO BE NOTICED, YOU KNOW, SOMEWHERE UNDER THAT PARTICULAR AGENDA ITEM, NOT AT THE TOP, GENERALLY SPEAKING, NO, IT HAS TO BE LISTED FOR WHATEVER SPECIFIC ITEM.
UM, YOU PLAN ON GOING INTO EXECUTIVE SESSION FOUR.
AND I'M GONNA TALK ABOUT EXECUTIVE SESSION IN A LITTLE BIT WHEN THERE ARE CHANGES TO THE AGENDA, THIS IS ALSO ON PAGE 12 TO 13, UM, UPON UNANIMOUS APP, APPRO APPROVAL OF THE MEMBERS PRESENT AT A MEETING OF A PUBLIC BODY.
THE PUBLIC BODY MAY TAKE UP A MATTER NOT ON THE AGENDA.
ANY SUCH MATTER SHALL BE IDENTIFIED IN THE MOTION TO TAKE UP THE MATTER WITH, WITH REASONABLE SPECIFICITY, INCLUDING THE PURPOSE FOR THE ADDITION AND ENTERED INTO THE, UH, MINUTES.
AGAIN, THERE MUST BE OPPORTUNITY FOR PUBLIC CON COMMENT BEFORE THE MATTER IS ADDED AND THEN AMENDING THE AGENDA.
THIS WAY CANNOT BE USED AS A SUBTERFUGE TO DEFEAT THE PURPOSE OF OPEN MEETINGS LAW.
NOW, RARELY HAVE I, HAVE I BEEN PART OF MEETINGS WHERE THE BODY, UM, AMENDED THE AGENDA TO ADD AN ITEM.
UM, IT'S, I'VE NOT SEEN IT HAPPEN.
YOU KNOW, HERE AT THE METRO COUNCIL, MAYBE THE SMALLER BOARDS AND COMMISSIONS THAT COULD COME UP SOMETIMES.
UM, BUT IT'S, IT'S, IT'S RARE WHEN THAT HAPPENS, BUT IT'S STILL GOOD TO KNOW, YOU KNOW, HOW TO HANDLE IT.
[00:30:05]
OKAY? ALL PORTIONS OF A MEETING MUST BE OPEN TO THE PUBLIC.I GET CALLS, I USED TO GET 'EM, UH, MORE OFTEN, BUT NOT AS MUCH NOW, BUT, UM, FROM DIFFERENT BOARDS AND COMMISSIONS THAT SAY, LOOK, WE JUST WANT TO, WE JUST WANT TO GET ON THE PHONE REAL QUICK AND TALK ABOUT THIS BEFORE WE HAVE THE MEETING.
WELL, THAT'S, THAT THE WHOLE POINT, THE WHOLE POINT IS THAT IT IS FOR THE PUBLIC TO VIEW EXACTLY WHAT IT IS YOU'RE TALKING ABOUT.
LIKE, I GET THE DESIRE TO WANNA GET WITH YOUR MEMBERS SO THAT YOU GUYS CAN LIKE, UNDERSTAND WHERE EACH OTHER IS COMING FROM, BECAUSE MAYBE YOU DON'T WANT THE PUBLIC TO SEE HOW THINGS GET TALKED ABOUT.
UH, YOU WANT TO KIND OF, I THINK IN, IN MEMBERS' MINDS, THEY WANNA LESSEN CONFUSION BECAUSE THEY'RE HAVING DISCUSSION ABOUT AN, AN ITEM THAT THEY MIGHT NOT BE AS FAMILIAR WITH.
SO THEY'RE, THEY'RE TRYING TO EVEN GET, GAIN BETTER UNDERSTANDING SO THAT THEY'RE NOT GOING TO A PUBLIC MEETING KIND OF LOOKING LIKE THEY DON'T KNOW WHAT THEY'RE TALKING ABOUT.
GUESS WHAT? THAT IS THE POINT.
THAT IS THE POINT SO THAT THE PUBLIC CAN REALLY SEE, THEY DON'T KNOW WHAT THEY'RE TALKING ABOUT,
YOU KNOW, UM, THEY NEED BETTER UNDERSTANDING.
MAYBE THEY SHOULD DEFER THIS ITEM AND COME BACK TO IT, YOU KNOW, MAYBE THEY NEED TO TAKE MORE TIME.
UM, THE POINT IS SO THAT THE, THE, THE, THE PUBLIC CAN SEE, YOU KNOW, WHAT YOUR DELIBERATION PROCESS LOOKS LIKE.
LIKE THAT IS, THAT IS A HUGE DEAL.
THE PUBLIC WANTS TO SEE IT, AND THEY, THEY FEEL LIKE YOU'RE BEING SECRETIVE OR LEFT OUT OF SOMETHING.
AND LET, LET'S HOPE THEY'RE NOT DOING THAT.
LET'S HOPE THEY'RE NOT DOING THAT.
AND I DON'T WANT TO KNOW IF THEY'RE DOING THAT.
I DON'T EVEN WANNA KNOW, I DON'T WANT KNOW ABOUT NO GROUP CHATS.
I DON'T WANT KNOW ABOUT NO GROUP TEXTS WITH EVERYBODY ON THERE, BECAUSE I HOPE THAT'S NOT HAPPENING.
BUT THAT ISN'T HAPPENING, IS IT? I DON'T, NO, IT IS NOT, IT'S NOT HAPPENING.
THAT THAT'S A POSSIBLE VIOLATION, RIGHT? SO I'M NOT GONNA BE THE, THE DETERMINING PERSON AS TO WHETHER NOT THAT'S, THAT'S LEGAL, BUT KNOWING WHETHER, I THINK YOU GUYS KNOW NOW ABOUT HOW MEETINGS SHOULD BE CONDUCTED.
IF IT'S NOT, IF IT'S NOT AT THE MEETING ITSELF IN FRONT OF THE, IN FRONT OF THE PUBLIC, BUT Y'ALL, YOU KNOW, THERE'S SOME KIKING GOING ON ON THE SIDE AND IT'S ENOUGH OF Y'ALL TO MAKE A QUORUM.
IT SOUND LIKE THAT COULD BE A PROBLEM.
IF THERE'S A GROUP CHAT AND Y'ALL TEXTING, I HEARD THIS, HE DID THAT, THEY HIDING THIS.
I DON'T HAVE THIS DOCUMENT, WHAT THEY DOING.
SO LET'S HOPE THERE'S NO MEANS BEFORE THAT.
AND I LOVE A GOOD MEETING BEFORE THE MEETING.
BUT NOW, WHEN IT COMES TO A BOARD OR A COMMISSION AND THERE'S AN OPEN MEANS VIOLATION, AND NOW YOU GONNA HAVE ME HEMMED UP BY THEM FOLKS UP THE STREET, I DON'T HAVE TIME.
IF, IF ONE OR TWO, IF ONE OR TWO.
AND SO WHAT I, WHAT I, WHAT I'M TAKING, WHAT HE'S SAYING IS LIKE, I'M, I'M NOT ONLY CALLING YOU, BUT I'M CALLING HER, HER, HIM, HIM.
I'M CALLING ENOUGH THAT I, IT'S ALMOST LIKE I'M STRAW POLLING.
I'M, I'M GETTING TOGETHER THE DIRECTION OF OTHER MEMBERS TO THE DEGREE THAT I KNOW WHICH WAY THIS QUORUM IS ABOUT TO VOTE.
YOU KNOW? BUT YEAH, MEMBERS CALL EACH OTHER, I'M AWARE OF THAT, BUT TO THE DEGREE WHERE IT'S LIKE, ALRIGHT, I DIDN'T TALK TO, I DIDN'T TALK TO, YOU KNOW, ENOUGH PEOPLE THAT I KNOW WHICH WAY THIS, THIS VOTE IS GOING.
AND NOT ONLY THAT, BUT I'VE INFLUENCED MY OWN VOTE BECAUSE I'VE TALKED TO THEM, I'VE GOTTEN, YOU KNOW, I'VE GOTTEN ENOUGH, YOU KNOW, INFORMATION AND, YOU KNOW, THINGS LIKE THAT.
THAT'S GENERALLY WHAT MEMBERS WANT TO STAY AWAY FROM.
NOW, ASHLEY, PLEASE CORRECT ME IF I'M, YOU KNOW, ANYTHING I'M SAYING, YOU KNOW, ADD TO IT.
CORRECT ME IF I'M WRONG, BUT I, YOU KNOW, THERE, THERE COULD BE ISSUES WITH THAT.
UM, SO THERE ARE PROVISIONS, AND YOU,
[00:35:01]
YOU'LL SEE IT IN YOUR PACKET ABOUT A WALKING QUORUM.YOU CANNOT HAVE A MATTER THAT IS UNDER DISCUSSION FOR YOUR BOARD OR COMMISSION OR FOR THE METRO COUNCIL AND WALK, GO AROUND HAVING DIFFERENT MEETINGS WITH AT LEAST SEVEN WHEN IT COMES TO THE METRO COUNCIL.
WHATEVER YOUR BOARD'S QUORUM IS TO GET AN IDEA OF ARE YOU VOTING YES OR NO? YOU CANNOT DO THAT.
NOW, CAN INDIVIDUAL MEMBERS GO MEET WITH, FOR YOUR PURPOSES, RYAN AND VANCE? YES.
CAN TWO MEMBERS GO MEET WITH RYAN IN VANCE TO GET INFORMATION? OR, UM, PERHAPS THERE'S ONE PERSON ON YOUR BOARD WHO'S MORE KNOWLEDGEABLE ABOUT SOMETHING.
UM, AND SO INDIVIDUAL MEMBERS ARE GOING TO THAT PERSON TO GET INFORMATION.
I THINK YOU JUST HAVE TO BE VERY CAREFUL ABOUT THE CONTENT OF THOSE DISCUSSIONS.
THE CONTENT OF THOSE DISCUSSIONS CANNOT BE, UM, WHAT REALLY SHOULD BE DELIBERATED IN PUBLIC.
SO, UM, YOU SHOULD NOT GO TO EVERY OTHER MEMBER OF YOUR BOARD AND SAY, HERE'S WHAT I THINK ABOUT THIS MATTER.
ARE YOU VOTING WITH ME? YOU CANNOT DO THAT.
UM, OPEN MEETINGS VIOLATIONS, YOU KNOW, UM, CAN BRING, UM, LAWSUITS AND LEGAL EXPENSES AND DAMAGES AND, AND NOBODY WANTS THAT.
UM, IF YOU HAVE A BOARD ATTORNEY WHO, UM, ADVISES YOUR BOARD, REACH OUT TO THEM IF YOU, YOU KNOW, ARE, ARE FEELING A LITTLE UNSURE ABOUT, UM, MAYBE WHAT YOU CAN AND CANNOT DISCUSS WITH YOUR FELLOW BOARD MEMBERS.
BUT AS A GENERAL RULE, IF YOU HAVE, FOR EXAMPLE, FOR Y'ALL'S FIRE DISTRICTS, YOU CAN SPEAK TO YOUR FIRE CHIEF ABOUT YOUR QUESTIONS OR YOU AND MAYBE ONE OTHER MEMBER'S QUESTIONS TOGETHER.
UM, BUT I WOULD JUST BE WARY OF MAKING IT LARGE GROUPS OR, UM, GOING INTO A MEETING WHERE YOU ALREADY KNOW HOW EVERYBODY'S GONNA VOTE BECAUSE YOU'VE TALKED TO THEM, NOT BECAUSE YOU KNOW THEIR GENERAL, YOU KNOW, POLICY, UH, IDEAS, BUT BECAUSE YOU, YOU KNOW HOW THEY'RE GONNA VOTE BECAUSE YOU'VE TALKED TO THEM, THAT'S GENERALLY A VIOLATION OF THE OPEN MEETING CALL.
OKAY? SO ALL PORTIONS OF A, OF A MEETING MUST BE OPEN TO THE PUBLIC EXCEPT WHEN YOU HAVE AN EXECUTIVE SESSION.
OKAY? SO EXECUTIVE SESSION IS A SESSION WHERE THE MEMBERS GO BEHIND CLOSED DOORS.
AGAIN, IT MUST BE LISTED ON THE AGENDA WITH REASONABLE DESCRIPTION OF CONTENT.
AND IT DEPENDS ON WHAT YOU'RE GOING TO EXECUTIVE SESSION FOR.
THE ONE THAT WE ARE MOST FAMILIAR WITH IS EXECUTIVE SESSION WHEN OUR COUNCIL MEMBERS WANT TO, UM, DISCUSS A LAWSUIT.
AND SO FOR A LAWSUIT EXECUTIVE SESSION FOR, FOR A DISCUSSION OF A LAWSUIT, YOU HAVE TO HAVE, UH, VERY SPECIFIC THINGS.
THE NAME OF THE CASE, THE NAME OF THE ATTORNEY, UM, AND, UH, BUT FOR ANYTHING ELSE, UH, I THINK, UH, IN OTHER BOARDS THAT I'VE SAT ON, JUST THEM EARMARKING IT FOR EXECUTIVE SESSION SEEMS TO HAVE BEEN ENOUGH BECAUSE THE DESCRIPTION OF THE AGENDA ITEM IS TELLING, PRETTY MUCH TELLING EVERYBODY WHAT, YOU KNOW, WHAT'S PROBABLY GONNA BE DISCUSSION, DISCUSSING IN EXECUTIVE SESSION.
UM, BUT LET'S SEE, I'VE GOT SOME, I COULD JUST GO DOWN A LIST OF A FEW.
SO PRO, WHEN YOU HAVE PROSPECTIVE LITIGATION, SO THAT'S WHAT I WAS TALKING ABOUT, LITIGATION, THAT'S LIKELY TO HAPPEN IN THE FUTURE, YOU HAVE TO MAKE A STATEMENT IDENTIFYING THE PARTIES INVOLVED, REASONABLY IDENTIFYING THE SUBJECT MATTER OF THE LITIGATION, UH, FOR WHICH THE FORMAL WRITTEN DEMAND HAS BEEN MADE.
PENDING LITIGATION MEANS LITIGATION THAT'S HAPPENING AT THAT TIME.
YOU HAVE TO ACTUALLY IDENTIFY THE COURT CASE, THE COURT, THE CASE NUMBER, AND THE PARTIES INVOLVED.
THIS IS GONNA BE ON PAGES 25 THROUGH 28 OF YOUR HANDOUT CONVENING EXECUTIVE SESSION.
OKAY? SO EVEN THOUGH IT'S BEEN NOTICED, IT STILL TAKES TWO THIRD MAJORITY VOTE OF THOSE WHO ARE PRESENT TO CONVENE FOR THE EXECUTIVE SESSION.
AND YOU HAVE TO MAKE A STATEMENT FOR WHY YOU'RE ENTERING INTO THE EXECUTIVE SESSION.
SO, AGAIN, BECAUSE OUR COUNCIL MEMBERS USUALLY GO INTO EXECUTIVE SESSION BECAUSE THEY WANNA DISCUSS, GET MORE INFORMATION ABOUT A LAWSUIT, UM, THEY WOULD GENERALLY, GENERALLY, THE, THE STATEMENT IS ALMOST ALWAYS, YOU KNOW, WE'RE GOING AND, YOU KNOW, I'M, I'M REQUESTING EXECUTIVE SESSION SO THAT THE DISCUSSION DOES NOT, UM, YOU KNOW, UH, UM, HARM THE LITIGATION IN ANY WAY, RIGHT? BECAUSE YOU DON'T WANNA HAVE A DISCUSSION ABOUT WHAT'S GOING ON IN A LAWSUIT AND REVEAL LIKE LEGAL
[00:40:01]
STRATEGIES AND THINGS LIKE THAT.SO THERE, THAT, THAT STATEMENT IS MADE, THAT'S USUALLY ENOUGH TO GET FOLKS INTO EXECUTIVE SESSION, BUT IT HAS TO BE STATED, UH, BECAUSE A VOTE IS REQUIRED.
THE PUBLIC ALSO HAS A RIGHT TO COMMENT BEFOREHAND.
UH, WE HAVEN'T HAD THIS HAPPEN IN A WHILE, BUT I DON'T KNOW IF YOU GUYS REMEMBER THE ALTON STERLING CASE WHEN THAT WAS HAPPENING.
UM, WE WERE GOING INTO EXECUTIVE SESSION EVERY TIME, PRETTY MUCH WE HAD THAT CASE ON THE AGENDA, AND IT GOT TO THE POINT WHERE THE, THE PUBLIC WAS SICK OF THEM GOING INTO EXECUTIVE SESSION BECAUSE THEY WANTED RESOLVED FOR THAT CASE.
SO IF WE WENT INTO EXECUTIVE SESSION, THEY WOULD PROBABLY, YOU KNOW, THEY WOULD SOMETIMES AIR THEIR, YOU KNOW, THEIR CONCERN ABOUT, UH, THE COUNCIL MEMBERS GOING TO TAKE EXECUTIVE SESSION BECAUSE IT WAS A VERY HOT TOPIC CASE, AND THEY WANTED, THEY WANTED WHATEVER WAS GONNA BE DISCUSSED OUT THERE TO BE DISCUSSED IN FRONT OF EVERYBODY, YOU KNOW? SO YOU DO GIVE THE PUBLIC A A RIGHT TO COMMENT BEFOREHAND.
WHO GETS TO BE IN EXECUTIVE SESSION? WELL, I MEAN, IT'S BEHIND CLOSED DOORS.
SO THE BOARD MEMBERS, UH, COMMISSION MEMBERS, UH, THE GOVERNING BODY ARE, YOU KNOW, THEY'RE THE ONES GOING INTO EXECUTIVE SESSION.
CAN THEY ALLOW SOMEBODY ELSE BACK THERE? ABSOLUTELY.
THEY CAN HAVE SOMEONE BACK THERE THAT, THAT IS ADDING TO THE DISCUSSION.
UH, USUALLY, YOU KNOW, NOT USUALLY, BUT SOMETIMES WHEN WE GO INTO EXECUTIVE SESSION, WE WOULD TELL, UH, THE ATTORNEYS ON THE PLAINTIFF SIDE THAT, UM, THE ITEM IS COMING UP FOR VOTE.
SOMETIMES I, I WOULD CALL THE ATTORNEYS AND SAY, HEY, I THINK IT'D BE A GOOD IDEA FOR YOU TO COME UP HERE.
I THINK OUR BOARD IS GONNA WANNA, OUR COUNCIL MEMBERS ARE GONNA WANT TO HEAR FROM YOU.
AND SO THEY CAN INVITE THAT PERSON BACK THERE NOW THAT THEY'RE NOT BACK THERE THE ENTIRE TIME.
THEY'RE NOT BACK THERE USUALLY DURING, YOU KNOW, UH, WHEN, UH, THERE MIGHT BE SOME DISCUSSION HAD OR INFORMATION GIVEN, BUT THEY'LL INVITE THEM BACK THERE TO LIKE, YOU KNOW, WE HAVE QUESTIONS ABOUT THIS.
CAN YOU GIVE US MORE INFORMATION ABOUT THIS? YOU KNOW, SO THAT, YOU KNOW, THEY CAN HAVE, UH, PEOPLE COME BACK THERE THAT'S, UM, NECESSARY, UH, FOR THE PURPOSE OF CONVENING.
UM, LET ME SEE IF THIS IS, I DON'T WANNA SKIP AROUND TOO MUCH TO MAKE SURE.
UM, SO PURPOSES OF, OF EXECUTIVE SESSION, LET ME JUST POINT THIS OUT.
WHEN YOU'RE EXECUTIVE SESSION, YOU ARE NOT DELIBERATING IN EXECUTIVE SESSION.
YOU'RE NOT GOING BACK THERE SO Y'ALL CAN MAKE UP YOUR MINDS.
AND THEN YOU COME BACK OUT HERE AND BOOM, YOU GOTTA VOTE NOW.
'CAUSE NOW YOU'VE JUST CIRCUMVENTED THE, THE RULES OF OPEN MEETINGS LAW.
YOU ARE GOING BACK THERE TO GET MORE INFORMATION.
YOU'RE GOING BACK THERE, UM, TO MAYBE, UH, HAVE SOME KIND OF, YOU KNOW, NOT REALLY DISCUSSION.
'CAUSE YOU REALLY DO NOT DELIBERATE.
'CAUSE THAT MEANS YOU'RE TRYING TO GET TO THE POINT OF A VOTE.
YOU'RE TRYING TO MAKE UP YOUR MIND.
THAT HAS TO HAPPEN OUT HERE, OKAY? YOU HAVE TO BE VERY CAREFUL ABOUT WHEN YOU'RE GOING BACK THERE FOR EXECUTIVE SESSION.
SOME PURPOSES FOR EXECUTIVE SESSIONS IS THE DISCUSSION OF THE CHARACTER, PROFESSIONAL COMPETENCE OR PHYSICAL OR MENTAL HEALTH OF A PERSON.
UM, I'VE BEEN PART OF ONE EXECUTIVE SESSION LIKE THAT WHEN WE WERE DOING A SEARCH A FEW YEARS AGO FOR, UM, OUR NEXT POLICE CHIEF.
UM, THERE WAS A, THERE WAS A CANDIDATE THAT WAS APPLYING FOR THE JOB AND, UH, HE HAD HAD SOME, UH, SOME VERY, UH, A VERY COLORFUL AND INTERESTING BACKGROUND AS A, AS A POLICE POLICEMAN IN ANOTHER, UH, STATE.
AND SO, UM, THE COMMITTEE THAT WAS, UH, APPOINTED TO DO THE, TO CONDUCT THE SEARCH FOR OUR NEXT POLICE CHIEF, WANTED TO GO INTO EXECUTIVE SESSION TO HAVE DISCUSSION ABOUT THEIR PROFESSIONAL COMPETENCY.
AND SO THAT'S WHAT TOOK PLACE.
UM, OTHER PURPOSES OF EXECUTIVE SESSION IS FOR COLLECTIVE BARGAINING, PROSPECTIVE LITIGATION OR PENDING LITIGATION, WHICH I'D ALREADY TALKED ABOUT.
UM, OTHER PURPOSES OF EXECUTIVE SESSION IS WHEN, UH, YOU'RE DEALING WITH SECURITY PERSONNEL PLANS OR DEVICES, UM, THAT YOU DON'T WANT, UH, THAT YOU DON'T WANT THE PUBLIC NECESSARILY TO KNOW ABOUT.
UM, I THINK WE DID HAVE AN AGENDA ITEM A FEW YEARS AGO ABOUT OUR SECURITY SYSTEM.
I BELIEVE IT WAS EARMARKED FOR EXECUTIVE SESSION, BUT THEY DIDN'T GO BACK INTO EXECUTIVE SESSION.
BUT, YOU KNOW, WHEN YOU WANNA TALK ABOUT, YOU KNOW, WHERE SECURITY CAMERAS ARE, WHERE CERTAIN THINGS ARE IN, IN, YOU KNOW, IN, IN A BUILDING, UM, SOMETIMES YOU DON'T WANT THAT, YOU KNOW, TO BE PUBLICLY KNOWN.
UH, OTHER PURPOSES OF EXECUTIVE SESSIONS IS FOR INVESTIGATIVE PROCEEDINGS REGARDING MISCONDUCT, EXTRAORDINARY EMERGENCIES.
[00:45:01]
ALL LISTED IN THE REVISED STATUTE, UM, STATEMENT, ENERGY BOARD, UM, SCHOOL BOARD DISCUSSIONS, LIKE FOR EXAMPLE, REGARDING STUDENT PROBLEMS, MUNICIPAL FIRE, POLICE SERVICE TEST QUESTIONS, ANSWERS, PAPERS.UM, SO, YOU KNOW, SO MANY THINGS YOU GUYS WILL NOT EVER, UH, DEAL WITH.
IF YOU HAVE A QUESTION ABOUT WHETHER OR NOT YOU CAN GO INTO EXECUTIVE SESSION, YOU CAN ABSOLUTELY CALL ME OR ASHLEY AND WE CAN LET YOU KNOW IF IT'S APPROPRIATE.
'CAUSE AGAIN, YOU CAN'T EARMARK JUST ANYTHING FOR EXECUTIVE SESSION.
IT HAS TO, IT HAS TO FIT INTO ONE OF THESE CATEGORIES FOR THE, THE PUBLIC BODY TO GO INTO EXECUTIVE SESSION.
OKAY? PENALTIES FOR NONCOMPLIANCE.
YOU DONE DID SOMETHING AND NOT NONE THEM PEOPLE COMING AFTER YOU.
WHAT'S GONNA HAPPEN? WELL, LIKE ASHLEY HAD MENTIONED EARLIER, LAWSUIT, RID OF MANDAMUS, RID OF MANDAMUS MAN MANDAMUS MEANS THAT, UH, THE PERSON THAT'S FILING THE WRIT IS, IS, UH, IS ASKING THE COURT TO DIRECT YOU THE PUBLIC BODY TO DO SOMETHING.
UM, WE ACTUALLY ARE DEALING WITH THAT RIGHT NOW.
HILL AMORE SUING US RIGHT NOW UNDER RMAN DEMUS.
UM, THAT'S BEEN A FUN LAWSUIT TO DEAL WITH.
UM, HE, UH, HE IS SEEKING, UH, I BELIEVE BASED ON THE LAWSUIT, UH, FOR OUR METRO COUNCIL TO TAKE UP AN ACTION, YOU KNOW, THAT I GUESS WOULD EVENTUALLY GIVE HIM MORE MONEY THAT HE'S ASKING FOR, WHICH IS ABOUT $22 MILLION.
UM, SO YEAH, SO THAT, THAT'S, THAT'S INTERESTING.
UM, INJUNCTIVE RELIEF, DECLARATORY JUDGMENT.
UH, ON THE OTHER SIDE OF THAT, IF YOU, IF YOU GET INTO SOME KIND OF LAWSUIT, IF YOU END UP IN A LAWSUIT, YOU KNOW, THE JUDGMENT COULD RENDER THE ACTION VOID.
UM, THERE WAS A LAWSUIT, UH, A FEW YEARS AGO.
I DON'T KNOW ANYBODY REMEMBERS WHEN A MOSQUITO ABATEMENT, UM, MOSQUITO ABATEMENT WAS, HAD HAD A LOT, A LOT OF INTERESTING THINGS HAPPENING.
THIS WAS PROBABLY ABOUT FIVE TO SEVEN YEARS AGO.
AND I HAD JUST GOTTEN, GOTTEN APPOINTED TO THAT BOARD.
AND THEN A LAWSUIT HAD, BECAUSE THERE WAS A ALLEGATION FOR A PLETHORA OF OPEN MEETINGS VIOLATIONS.
AND WHEN I GOT THE LAWSUIT, I WAS LIKE, THERE'S NO WAY.
THEY WERE CONDUCTING MEETINGS BY PHONE.
THEY ALL KIND OF ALLEGATIONS WERE MADE.
AND, UH, AND THEN, AND THEN THEY HIRED AN ATTORNEY, UM, OUTSIDE OF THE CITY PARISH, WHICH WAS ALSO NOT ALLOWED.
UM, BUT ANYWAY, UH, SO WHEN I PICKED DOWN THE LIST OF, OF ALL THE ALLEGATIONS THAT I HAD TO RESPOND TO, IT WAS JUST A VERY INTERESTING LAWSUIT TO RESPOND TO BECAUSE THEY HAD DONE, LIKE VERY, AT THE TIME, THE BOARD THAT WAS OUT THERE JUST HAD, HAD ENGAGED IN SOME REALLY BLATANT OPEN MEETINGS VIOLATION.
IT'S JUST LIKE, THERE'S NO WAY THAT, LIKE, THIS IS VERY, LIKE THEY CAN, ALL THEY HAVE TO DO IS JUST CALL SOMEBODY AND SOMEBODY WOULD TELL 'EM LIKE, YOU CAN'T DO IT.
YOU KNOW, BUT THEY DIDN'T, THEY, UM, THEY HAD A VERY STRONG, UM, EMPLOYEE OUT THERE KIND OF GUIDING THEM AND DOWN THE WRONG ROAD.
THESE ARE VERY, VERY LOVELY PEOPLE.
BUT THEY HAD, THEY HAD ENTRUSTED THIS PARTICULAR EMPLOYEE TO, TO LEAD THEM THE RIGHT WAY.
AND THEN THEY ENDED UP IN THIS LAWSUIT.
AND WHEN WE WENT, UH, WHEN WE WENT TO THE HEARING IN FRONT OF GEORGE, JUDGE MORON, WHO'S NOT WITH THE COURT ANYMORE, UH, WE, WE EASILY WON.
YOU KNOW, UH, EVEN THE JUDGE WAS LIKE, WHAT ARE Y'ALL DOING OUT THERE? YOU KNOW, LIKE, IT, IT WAS, IT WAS PRETTY WILD.
SO ONE OF THE, ONE OF THE FIRST THINGS THAT I DID, UH, YOU KNOW, 'CAUSE I HAD JUST GOTTEN, I HAD JUST GOTTEN ASSIGNED TO THAT BOARD.
THE LAWSUIT HIT, AND THEN, AND THEN ONE OF THE FIRST THINGS THAT I DID ONCE I STARTED GOING TO THE MEETINGS WAS CONDUCT BASICALLY A TRAINING ABOUT OPEN MEETINGS LAW.
AND, UH, THEY WERE VERY THANKFUL, YOU KNOW, THEY JUST THOUGHT THAT THEY WERE BEING TOLD THE RIGHT THING.
AND THEY, THEY BELIEVED IT HOOK, LINE, AND SINKER AND ENDED UP IN THIS CRAZY LAWSUIT.
AND THE ATTORNEY THAT THEY, THAT THEY HIRED WAS TRYING TO CHARGE HIM $30,000 FOR REPRESENTING 'EM.
AND WE HAD TO GET RID OF THAT TOO.
UM, SO HE, HE DID NOT GET PAID.
BUT, BUT, UM, BUT NO, THAT, THAT WAS FUN.
UM, THE GENTLEMAN HAD MENTIONED SOME LEGISLATION THAT'S HAPPENING RIGHT NOW.
UM, THAT'S NOT THE ONLY THING.
I THINK I'D MENTIONED EARLIER THAT, THAT BECAUSE OF THIS LAWSUIT THAT ATTORNEY GENERAL MERLE HAD FILED, UM, THEY'VE GOT AT LEAST TWO, UM, TWO BILLS.
A SENATE BILL AND A HOUSE BILL THAT IS, UM, IN THE WORKS, UH, TO KIND OF CURE THAT SO
[00:50:01]
THAT BODIES, PUBLIC BODIES CAN, CAN VOTE ELECTRONICALLY.UM, ANOTHER PUBLIC MEETING, UM, LEGISLATION THAT'S WORKING ITS WAY THROUGH IS TO EXPAND THE NUMBER OF DAYS REQUIRED FOR PUBLIC BODIES TO PUBLISH MINUTES, TO PUBLISH MINUTES FOR OPEN MEETINGS, EXPAND THOSE NUMBER OF DAYS FROM 20 DAYS TO 45 DAYS.
OKAY? SO FAR IT'S BEEN APPROVED AND PASSED AND IT PASSED THE HOUSE IS IS PENDING SENATE CONCURRENCE, I THINK THE LAST TIME I CHECKED.
SOUNDS LIKE THEY'VE GOT SOME AMENDMENTS IN THE WORKS, BUT, EXCUSE ME.
SO THAT'S SOMETHING TO JUST BE AWARE OF.
USUALLY WHEN THEY HAVE LIKE, UM, UPDATES TO OPEN MEETINGS LAW, I THINK THAT WE TRY TO MAKE SURE THAT OUR, THAT OUR, UH, BOARDS AND COMMISSIONS KNOW ABOUT THEM TO THE DEGREE THAT THEY CAN, BECAUSE THERE'S A LOT OF BOARDS AND COMMISSIONS.
I SIT ON, ON, I'M JUST ASSIGNED TO THE ONES, YOU KNOW, UM, THAT PROBABLY HAVE JUST LIKE A, A HEAVY AGENDA.
THEY'RE DEALING WITH A, A BIG, BIG BUDGET.
UH, THERE, YOU KNOW, DEANNE DOES THE SAME THING.
UM, BUT IT'S NOT, IT'S NOT EVERYBODY.
AND SO A LOT OF THESE BOARDS AND COMMISSIONS ARE OPERATING WITHOUT AN ATTORNEY THERE, UH, ALL THE TIME.
AND THERE'S NOTHING WRONG WITH THAT, YOU KNOW, AS LONG AS YOU KIND OF KEEP IT SIMPLE AND YOU FOLLOW YOUR RULES AND YOU, AND YOU UNDERSTAND EVERYTHING, YOU KNOW, THAT'S, THAT'S OKAY.
BUT I DEFINITELY HAVE BEEN CALLED OUT, UH, TO SIT ON SOME BOARDS AND COMMISSIONS, I THINK.
IS THIS ALS AND THAT'S HERE TODAY? ALS AND FIRE DISTRICT, ALLISON? YEAH, I'VE, I'VE, I'VE SAID IN ONE OF Y'ALL'S, UH, MEETINGS, UH, A COUPLE OF TIMES.
UM, AND, UH, AND SO IF YOU, IF YOU NEED ASSISTANCE, YOU KNOW, BY ALL MEANS, CALL OUR OFFICE.
THEY'LL, THEY'LL GET YOU TO ME.
AND IF YOU HAVE A QUESTION, LET ME KNOW.
UM, AND, UH, OR IF YOU WANT ME TO SIT IN ON A MEETING, YOU KNOW, IF I CAN'T MAKE IT, I'LL, I'LL USUALLY SEND DEANNE AND WE'LL, WE'LL SIT IN AND MAKE SURE EVERYTHING IS EVERYTHING.
IF YOU HAVE ANY QUESTIONS, IF YOU HAVING PROBLEMS, YOU KNOW, LET US KNOW.
UM, WE'RE MORE THAN MORE THAN HAPPY TO HELP.
'CAUSE WE DO NOT WANT TO SEE ANYBODY, ANY OF THE BOARDS AND COMMISSIONS GETTING SUED IF, IF YOU GUYS CAN HELP IT, YOU KNOW? UM, SO I MEAN, I THINK THAT'S ALL I'VE GOT FOR MY LITTLE PRESENTATION.
Y'ALL, Y'ALL, Y'ALL GOT GOOD TIME, SO GIMME SOME COFFEE TOO.
DO Y'ALL HAVE ANY QUESTIONS BEFORE I HEAD OUT OF HERE? I WOULD SAY NO, BUT I'M SORRY.
YEAH, I THINK THAT THE QUESTION IS WHETHER OR NOT YOU CAN USE THE TERM EXECUTIVE SESSION AS A PLACEHOLDER, UM, BECAUSE YOU MIGHT BE GOING INTO EXECUTIVE SESSION.
AND YEAH, I WOULD
I DON'T KNOW THAT, THAT YOU'RE GOING INTO EXECUTIVE SESSION FOR THE RIGHT THING, BUT I'M NOT TRYING TO PUT YOU ON BLAST CHILD.
JUST GIMME A CALL AND I COULD TELL YOU, BUT OH, OH, OH.
I WOULD REVISIT THE REVISED STATUTE FOR EXECUTIVE SESSIONS FIRST TO MAKE SURE THAT YOU'RE GOING INTO EXECUTIVE SESSION FOR THE RIGHT THING.
UM, THAT'S GONNA BE REVISED STATUTE 42 16.
OKAY, YOU JUST WANNA MAKE SURE YOU'RE GOING THAT THAT'S A STARTING POINT.
42 16, AND THEN IT GOES ON A LITTLE BIT, UH, TO, UM, 42, 17
[00:55:01]
THROUGH 18 IS WHERE YOU'RE GONNA FIND YOUR REASONS FOR ENTERING INTO EXECUTIVE SESSION.SO FIRST, CHECK THAT OUT JUST TO MAKE SURE YOU'RE GOING INTO EXECUTIVE EXECUTIVE SESSION FOR THE RIGHT THING.
AND THEN JUST GENERALLY USING EXECUTIVE SESSION AS A PLACEHOLDER, I WOULD SAY NO, I WOULD SAY NO.
DO Y'ALL HAVE, WHO? WHO ARE YOU WITH? OKAY, Y'ALL, Y'ALL HAVE AN ATTORNEY? Y'ALL CAN CALL.
YEAH, I WAS GONNA SAY MAYBE GIVE THEM A CALL AND HAVE THEM LOOK AT IT AND, UH, I MEAN, I'M SO INTERESTED IN SEEING WHAT Y'ALL'S AGENDA LOOKS LIKE THEN, BUT
AND LIKE AGAIN, IF YOU HAVE DOUBTS, LIKE ASHLEY SAID, PROBABLY NOT, YOU KNOW, STAY AWAY FROM IT.
ANYBODY HAVE ANY OTHER QUESTIONS? YEAH, SURE.
AND THEN Y'ALL MEET, Y'ALL, Y'ALL ARE MEETING OTHERWISE THEN.
YEAH, AND IT'S A, WHAT'S WHAT'S THE NAME OF THE COMMISSION AGAIN? YEAH, IF IT'S QUASI GOVERNMENT, YEAH.
YEAH, SOMEBODY SHOULD, SHOULD DEFINITELY HAVE YOUR ENABLING LEGISLATION.
YEAH, NO, NO, I WORK HERE WITH THE PARISH ATTORNEY'S OFFICE.
UM, ANY OTHER QUESTIONS? AND I THINK YOU CAN CALL THE LLA TOO, THE LEGISLATIVE AUDITOR IF YOU HAVE QUESTIONS SINCE THEY PUT THIS OUT.
YOU KNOW, THEY, THEY'RE, YEAH, THEY CAN, THEY'LL ANSWER 'EM.
UM, I WANTED TO MENTION JUST A COUPLE OF, UM, RANDOM THINGS THAT I HAVE SEEN FROM BOARDS AND COMMISSIONS ALONG OPEN MEETINGS, UM, THAT I WANNA MAKE SURE NONE OF US ARE DOING.
UM, YOU MAY ALSO SERVE ON NONPROFIT BOARDS, WHICH HAVE VERY DIFFERENT RULES AND, UM, NONPROFIT BOARDS MIGHT HAVE SOMETHING ON THE AGENDA, LIKE NEW BUSINESS, OLD BUSINESS, YOU CAN'T DO THAT.
THAT IS NOT A DESCRIPTION OF WHAT YOU ARE GOING TO DISCUSS.
SO Y'ALL NEED TO HAVE, UM, AGENDA ITEMS WRITTEN WITH REASONABLE SPECIFICITY ABOUT WHAT IS GONNA BE CONSIDERED.
SO DISCUSSION OF TRUCK PURCHASE MIGHT NOT BE ENOUGH, BUT, UM, UH, DECI IF YOU HAVE SPECIFIC INFORMATION ABOUT HOW MUCH THE FIRETRUCK COSTS, LIKE PURCHASE, YOU KNOW, CONSIDERATION OF PURCHASE OF FIRE TRUCK IN THE AMOUNT OF $150,000 FROM, YOU KNOW, FERRERA FIRE THAT WOULD BE REASONABLY SPECIFIC, BUT JUST NEW BUSINESS OR JUST TRUCK OR THOSE ARE, THAT IS NOT REASONABLY SPECIFIC.
SO, UM, I JUST WANTED TO PUT YOU ON CAUTION ABOUT THAT JUST BECAUSE AGAIN, THAT IS NOT SOMETHING IF THOSE OF YOU WHO MIGHT SERVE ON A CHURCH BOARD OR A NONPROFIT BOARD, THOSE ARE PERFECTLY ALLOWABLE THINGS TO HAVE ON YOUR AGENDA FOR THOSE ENTITIES, JUST NOT FOR A PUBLIC BODY.
UM, AND, AND I WILL SAY AGAIN, YOU KNOW, FEEL FREE TO REACH OUT TO ME OR JUSTIN OR COURTNEY OR THE LEGISLATIVE AUDITOR'S OFFICE, UM, BUT GO BACK TO THIS, UM, DOCUMENT AND WHEN IT DESCRIBES WHAT A PUBLIC BODY IS, THAT'S GOING TO TELL YOU WHETHER YOUR BOARD OR COMMISSION IS A PUBLIC BODY AND IS SUBJECT TO THE OPEN MEETINGS LAW.
SO IF, IF IN DOUBT, LOOK AT THAT DEFINITION OF WHAT IS A PUBLIC BODY.
AND UNLESS YOU HAVE SPECIFIC EXCEPTIONS TO,
[01:00:01]
UM, YOUR PARTICULAR PUBLIC BODY, EVERYTHING IN HERE IS GONNA APPLY TO YOU.SO SOME, SOME ENABLING LEGISLATION, BILL BATON ROUGE, CRPC, PERHAPS HA MIGHT HAVE SOMETHING IN THE STATE STATUTE THAT SET THEM UP THAT SAYS, HERE'S THE, HERE'S SOMETHING DIFFERENT FOR YOU.
BUT IN GENERAL, THIS IS GONNA APPLY TO YOU IF YOUR BOARD MEETS THE DEFINITION OF A PUBLIC BODY.
UM, SO AGAIN, FEEL FREE TO REACH OUT TO US.
I DID NOT, I MADE A MISTAKE AND DID NOT PUT MY, UM, CONTACT INFORMATION ON THIS AGENDA.
I'M GONNA GET SOME OF MY BUSINESS CARDS AND PUT THEM UP HERE.
UM, AND PLEASE FEEL FREE TO REACH OUT TO ME IF THERE'S SOMETHING I DON'T KNOW, I'LL REACH OUT TO COURTNEY.
UM, UM, WE'RE A LITTLE BIT EARLY.
UM, WE WANNA TAKE JUST LIKE MAYBE A FIVE MINUTE BREAK AND THEN WE'LL LET, UM, MS. BROWN START WITH, UM, UH, PUBLIC RECORDS.
ALL RIGHT, Y'ALL, UM, I THINK WE'LL GO AHEAD AND MOVE ON TO OUR NEXT PRESENTATION.
UM, I'D LIKE TO INTRODUCE GWEN BROWN.
SHE IS AN ATTORNEY IN THE PARISH ATTORNEY'S OFFICE.
SHE IS THE PUBLIC REC RECORDS SECTION CHIEF, SO THIS IS HER AREA OF EXPERTISE.
UM, AND UH, AGAIN, IF YOU HAVE QUESTIONS, I'M SURE MS. BROWN WILL BE HAPPY TO FIELD THOSE AS YOU HAVE THEM, OR FEEL FREE TO WRITE THEM DOWN AND, UM, GET BACK TO ME OR HER AFTER THIS TRAINING.
I'M GWEN BROWN, AND AS SHE SAID, I WORK FOR THE PARISH ATTORNEY'S OFFICE IN THE PUBLIC RECORDS SECTION.
I HAVEN'T REAL, I HAVEN'T DONE THIS BEFORE AND I'VE ONLY HAD INVOLVEMENT WITH THE ONLY BOARD I'VE HAD INVOLVEMENT WITH THIS CAPITAL AREA FINANCE AUTHORITY.
SO, BEFORE WE GET STARTED, CAN Y'ALL TELL ME WHETHER Y'ALL HAVE EVER HAD PUBLIC RECORDS REQUESTS TO ANY OF YOUR BOARDS? YOU HAVE? WHAT'S YOUR BOARD? OH, OKAY.
AND I DO KNOW FROM JUST HEARING PEOPLE MENTION SOME OF THESE THAT WE'VE HAD, SOME OF THE PUBLIC RECORDS REQUESTS COME THROUGH OUR, UM, THROUGH MY DEPARTMENT.
BUT LET ME JUST BEGIN BY SAYING THIS ABOUT WITH THE PUBLIC RECORDS LAW IS, AND WHO IS OBLIGATED TO COMPLY WITH THAT.
AND THE DEFINITION IN THE, IN THE PUBLIC RECORDS LAW DEFINES IT VERY BROADLY SAYING THAT THE PHRASE PUBLIC BODY MEANS ANY BRANCH DEPARTMENT, OFFICE, AGENCY, BOARD COMMISSION, DISTRICT GOVERNING AUTHORITY, POLITICAL SUBDIVISION,
[01:05:01]
OR ANY COMMITTEE SUBCOMMITTEE, ADVISORY BOARD OR TASK FORCE THEREOF, ANY OTHER INSTRUMENTALITY OF STATE, PARISH OR MUNICIPAL GOVERNMENT, INCLUDING A PUBLIC OR QUASI-PUBLIC NONPROFIT CORPORATION DESIGNATED AS AN ENTITY TO PERFORM A GOVERNMENTAL OR PROPRIETARY FUNCTION, OR AN AFFILIATE OF HOUSING AUTHORITY.SO PROBABLY ALL OF YOU COME WITHIN THE PURVIEW OF THE PUBLIC RECORDS ACT.
SO IT'S IMPORTANT THAT YOU UNDERSTAND WHAT YOUR OBLIGATIONS ARE UNDER THE ACT.
UM, THE PUBLIC RECORDS ACT IS AN ACT THAT WAS CREATED, AND THEY HAVE ONE FEDERALLY, AND I THINK PRETTY MUCH ALL STATES HAVE, HAVE THEM.
LOUISIANA HAS ONE AS WELL THAT'S DESIGNED TO KEEP THE, UM, KEEP GOVERNMENT ANSWERABLE TO THE PUBLIC THAT IT SERVES.
IT'S, UH, A TRANSPARENCY, UM, STATUTE SO THAT PEOPLE CAN COME AND INSPECT THE PUBLIC'S, THE GOVERNMENT'S BOOKS AT ANY TIME TO MAKE SURE THAT THEY'RE EXECUTING THEIR DUTIES PROPERLY.
AND IT'S A VERY ONEROUS ACT IN TERMS OF THE BURDENS THAT IT PUTS UPON THE GOVERNING AUTHORITY.
YOU HAVE TO COMPLY WITH THE ACT PROMPTLY.
THERE ARE STATUTORY EXCEPTIONS DESIGNED TO MAINTAIN REASONABLE EXPECTATIONS OF PRIVACY AND, UM, SOME KIND OF LIKE FAIR TRADE PRACTICES, LIKE, UM, THERE'S AN EXCEPTION.
FOR EXAMPLE, IF YOU'RE SUBMITTING A PUBLIC BID AND YOU HAVE SOME PROPRIETARY INFORMATION THAT YOU NEED TO KEEP CONFIDENTIAL SO YOU DON'T GIVE AN UNFAIR ADVANTAGE TO A COMPETITOR.
SO THERE'S, THERE'S RULES LIKE THAT.
AND THEN PRIVACY INTERESTS OF EMPLOYEES, LIKE, YOU KNOW, SOCIAL SECURITY NUMBERS, HEALTH INFORMATION, THINGS OF THAT NATURE.
BUT FOR THE MOST PART THE DEFAULT IS, IS THAT UNLESS IT FALLS WITHIN ONE OF THESE STRICT EXCEPTIONS THAT ARE WRITTEN IN THE, IN THE LAW OR HAVE BEEN CARVED OUT THROUGH, UM, JURISPRUDENCE UNDER LOUISIANA HAS A CONSTITUTIONAL RIGHT TO PRIVACY.
SO THERE ARE SOME THAT ARE IN ADDITION TO THE STATUTE THAT HAVE BEEN CARVED OUT BY, UM, BY CASE LAW, THAT, THAT IT IS SUBJECT TO THE PUBLIC RECORDS ACT.
AND SO WHAT THAT MEANS IS THAT ANY DOCUMENT AND, AND DOCUMENT IS ALSO VERY BROADLY INTERPRETED.
THAT IS CREATED BY ANY OF YOU IN THE CONTEXT OF YOUR PERFORMANCE, OF YOUR DUTIES FOR THE BOARD THAT YOU SERVE, IS CONSIDERED A PUBLIC RECORD.
AND THIS WOULD INCLUDE ANY COMMUNICATIONS THAT YOU WOULD HAVE BY ANY ELECTRONIC COMMUNICATIONS, BY EMAIL OR BY TEXT.
IF YOU ARE TEXTING OR EMAILING WITH, UM, A WORK COLLEAGUE REGARDING PUBLIC BUSINESS, THAT WOULD BE SUBJECT TO THE PUBLIC RECORDS ACT.
OF COURSE, ANY OF YOUR MINUTES OR ANYTHING LIKE THAT, THAT YOU WOULD IMMEDIATELY KNOW, BUT IT'S IMPORTANT FOR YOU TO UNDERSTAND THAT ABOUT COMMUNICATIONS.
A LOT OF PEOPLE WILL THINK, WELL, I'M, I'M, YOU KNOW, DOING IT ON MY PERSONAL EMAIL OR I'M DOING IT ON MY PERSONAL PHONE.
AND IT'S NOT REALLY THE DEVICE THAT YOU USE TO COMMUNICATE WITH, IT'S THE CONTENT OF THE COMMUNICATION.
SO IF YOU'RE ON, YOU KNOW, YOUR WORK EMAIL AND YOU SEND A, YOU KNOW, UH, EMAIL TO YOUR SPOUSE SAYING, LET'S GO TO DINNER, EVEN THOUGH IT'S ON THE WORK EMAIL, THAT'S NOT RELATED TO PUBLIC BUSINESS, THAT WOULDN'T BE SUBJECT TO THE PUBLIC RECORDS ACT.
ON THE OTHER HAND, IF YOU'RE ON YOUR PRIVATE PHONE AND YOU SEND SOMETHING TO A COLLEAGUE ASKING ABOUT BUSINESS, EVEN THOUGH IT'S PRI ON YOUR PRIVATE PHONE, IT STILL IS SUBJECT TO THE PUBLIC RECORDS ACT.
UM, ANY NOTES MAYBE THAT YOU MIGHT TAKE DURING A MEETING, ANYTHING LIKE THAT WOULD BE SUBJECT TO THE PUBLIC RECORDS ACT.
AND YOU'RE OBLIGATED TO RETAIN, UM, THESE RECORDS FOR, UH, THE DEFAULT PROVISION IS, UH, IS THREE YEARS FOR MOST DOCUMENTS.
BUT REALLY YOU'RE SUPPOSED TO HAVE A, UH, RETENTION SCHEDULE THAT'S APPROVED BY THE SECRETARY OF STATE'S OFFICE.
IT TELLS YOU HOW LONG TO KEEP PUBLIC RECORDS, AND YOU'RE NOT SUPPOSED TO DESTROY THEM UNTIL, UM, THAT TIME PERIOD HAS ELAPSED AND YOU'VE RECEIVED PERMISSION FROM THE SECRETARY OF STATE'S OFFICE EXPLAINING THAT IT'S, YOU KNOW, THAT YOU'VE HELD 'EM FOR THE REQUIRED PERIOD OF TIME AND YOU'RE READY TO DESTROY THEM.
SO IT'S, AGAIN, IT'S VERY, VERY ONEROUS BURDENS ON THE PUBLIC RECORDS ACT THERE.
AS I MENTIONED, THERE ARE EXCEPTIONS.
UM, AND THAT'S WHY DO, DOES EVERYONE HAVE AN ATTORNEY THAT IS ASSOCIATED WITH THEIR BOARD? MOST, NO.
WELL, I KNOW THAT WE, UM, WE HAVE HELPED SOME BOARDS, BUT WE DON'T REALLY DO THAT MUCH.
MAYBE IT'S BECAUSE Y'ALL AREN'T REALLY GETTING THAT MANY REQUESTS.
I'VE GOTTEN 'EM FROM THE FIRE, YOU KNOW, FIRE DEPARTMENT.
WE HANDLE A LOT OF THE FIRE DEPARTMENT'S REQUESTS.
UH, BUT THAT'S THE BATON ROUGE FIRE DEPARTMENT.
I THINK FOR OTHER ONES WE'RE, WE WOULD REFER PEOPLE BACK OUT, UM, 3 1 1, YOU KNOW, Y'ALL HAVE, THEY'RE DOING THAT.
MOSTLY YOU HAVE YOUR OWN ATTORNEY THAT'S DOING THAT, I THINK.
UM, BUT WE'RE HERE TO HELP Y'ALL.
[01:10:01]
WITH THAT, IT MAY BE SO, YOU KNOW, IT MAY BE SOMETHING THAT YOU MIGHT HAVE, IF YOU HAVE YOUR OWN ATTORNEY, OF COURSE, FEEL FREE TO REACH OUT THERE.BUT IF YOU NEED HELP, YOU CAN CONTACT MY, MY SECTION, MY SECTION IS SMALL.
IT'S JUST ME AND AN ASSISTANT, BUT WE'RE, YOU KNOW, WE'RE HERE TO HELP.
IT'S ALSO THE, THE SAME PHONE NUMBER.
YOU WOULD JUST ASK FOR MEW BROWN, AND I'LL TRY TO HELP YOU WITH THAT.
UM, THE, THE STATUTE ITSELF HAS, LIKE I SAID, A BUNCH OF LISTED, UM, EXEMPTIONS.
AND THEN, UM, AND THEN THERE'S ALSO SOME THAT HAVE BEEN CARVED OUT BY JURISPRUDENCE.
SO IT'S KIND OF COMPLICATED TO FIGURE OUT WHAT MAY BE PRIVILEGED, BUT IT'S, IT'S ALSO KIND OF COMMON SENSE.
THE THINGS THAT YOU THINK ABOUT THAT YOU MIGHT NEED AN EXPECTATION OF PRIVACY IN, TYPICALLY, THEY'LL, IT'LL FALL INTO ONE OF THOSE TWO CATEGORIES.
IT'S BEEN LITIGATED BEFORE OR IT'S, OR IT'S WITHIN THE STATUTE ITSELF.
DID RETENTION, THE TIME DELAYS FOR RESPONDING ARE QUITE STRICT.
UM, YOU'RE SUPPOSED TO RESPOND IMMEDIATELY, UM, WITH WHEN A REQUEST COMES IN AND THEY, IT, IT CAN BE THREE OR FIVE DAYS, DEPENDING UPON THE CIRCUMSTANCES.
A LOT OF TIMES IT'S NOT POSSIBLE TO GET THINGS TOGETHER.
THAT'S BUSINESS DAYS THAT QUICKLY.
BUT WHAT WE, HOW WE KIND OF TAKE THAT AND HOW THAT HAS BEEN INTERPRETED IS THAT IF YOU PROVIDE AN ANTICIPATED DATE OF PRODUCTION WITHIN THAT TIMEFRAME, JUST BECAUSE IT'S GONNA TAKE SOME TIME TO GATHER DOCUMENTS, THEN YOU'LL BE OKAY.
COMMUNICATION IS REALLY KEY HERE.
YOU, THERE ARE, THERE ARE HARSH PENALTIES FOR FAILURE TO COMPLY.
HOWEVER, THOSE, UM, THOSE ARE GUIDED BY THIS PRINCIPLE OF ARBITRARY AND CAPRICIOUS.
SO IF YOU'RE OBVIOUSLY MAKING A GOOD EFFORT TO COMPLY, YOU'RE COMMUNICATING WITH THE REQUESTER.
I DON'T THINK YOU'RE GONNA GET IN ANY KIND OF TROUBLE IF YOU DO THAT QUICKLY, BUT YOU HAVE TO, YOU HAVE TO JUMP ON IT.
IT'S NOT SOMETHING YOU CAN PUT OFF.
SO IF EVER YOU GET ONE, FIGURE OUT WHAT YOU'RE GONNA DO AND FAST, BECAUSE OTHERWISE YOU MIGHT, YOU MIGHT FIND YOURSELF IN SOME TROUBLE WITH IT.
ONE THING, WE, AT THE CITY, YOU ARE ALLOWED TO MAKE CHARGES FOR COPIES, AND YOU CAN DO THAT WITH ELECTRONIC COPIES AS WELL.
AND MOST OF THE REQUESTS THAT WE RECEIVE, THE OVERWHELMING MAJORITY ARE LEGITIMATE REQUESTS FOR INFORMATION.
AND THEY'RE PEOPLE THAT ARE CONSIDERATE OF, YOU KNOW, TRYING TO KEEP THE BURDEN THAT THEY'RE IMPOSING ON US AND DOWN.
BUT, SO WE OFTEN, WHEN I SAY MOST OF THE TIME, IT'S MOST BUT VERY, VERY OFTEN DEAL WITH PEOPLE THAT ARE JUST UNREASONABLE AND THEY'RE BOMBARDING YOU WITH THESE REALLY ONEROUS REQUESTS.
AND IF IT'S LEGITIMATE, THE FACT THAT IT'S ONEROUS IS NOT SOMETHING THAT CAN STAND IN YOUR WAY FROM COMPLYING.
BUT WE DO SOMETIMES, YOU KNOW, SAY, OKAY, WELL YOU'RE GONNA NEED TO PREPAY BECAUSE THAT MIGHT SLOW SOMEBODY DOWN AND OH, OKAY, WELL THEN I'LL, I'LL BACK UP.
'CAUSE THE REQUEST IS SO VOLUMINOUS.
SO IF YOU GET SOMETHING LIKE THAT, FEEL FREE TO REACH OUT AND I'LL KIND OF HELP YOU FIGURE OUT HOW TO FINESSE IT TO TRY TO GET 'EM TO DIAL IT BACK.
YOU CANNOT CHARGE FOR STAFF TIME.
AND THE ONLY WAY THAT YOU CAN CHARGE FOR STAFF TIME IS IF THE REQUESTS WERE SO ONEROUS THAT YOU WERE HAVING TO LIKE, HIRE ADDITIONAL STAFF OR WORK OVERTIME.
SO OTHER THAN THAT, YOU HAVE TO, YOU HAVE TO GET ON IT.
UM, AND OH, ONE OTHER POINT TO MAKE IS THAT YOU'RE NOT, THE PUBLIC RECORDS ACT DOES NOT REQUIRE THAT YOU CREATE A RECORD.
IF THEY ASK YOU FOR A RECORD THAT YOU DON'T HAVE, THEN YOU COULD JUST SAY NO RESPONSIVE DOCUMENTS.
NOR DOES IT REQUIRE THAT YOU ANSWER QUESTIONS.
YOU MAY CHOOSE TO ANSWER QUESTIONS BECAUSE JUST IN THE COURSE OF YOUR BUSINESS, YOU THINK THIS IS A POLITE WAY TO SERVE THE PUBLIC.
UM, BUT THERE'S NO OBLIGATION UNDER THE PUBLIC RECORDS ACT.
SO IF THEY ASK YOU A QUESTION AND YOU DON'T FEEL LIKE IT'S SOMETHING YOU WANT TO ANSWER AND YOU DON'T HAVE A DOCUMENT THAT ANSWERS THAT QUESTION, THEN YOU WOULD JUST SAY, NO, WE DON'T HAVE ANYTHING RESPONSIVE.
YOU SHOULD ALWAYS WRITE ANYTHING.
IF YOU GET A COMMUNICATION LIKE THIS, YOU SHOULD ALWAYS WRITE A RESPONSE SO THAT YOU CAN DOCUMENT THAT YOU'VE COMPLIED WITH THE ACT.
SOMETIMES, OKAY, SOMETIMES YOU CAN GET A REQUEST FOR FROM A REPORTER AND THEY WANT TO INTERVIEW YOU OR SOMETHING LIKE THAT.
AND, UH, YOU KNOW, WE ALWAYS RECOMMEND THAT YOU, THAT YOU WOULD DON'T, I MEAN, I GUESS WHATEVER, WHATEVER YOUR TYPICAL PROCEDURE WOULD BE IN THAT REGARD, HANDLE IT THAT WAY.
BUT DON'T DO IT BECAUSE YOU THINK IT'S REQUIRED BY THE PUBLIC RECORDS ACT BECAUSE IT'S NOT, OH, THE OTHER, A PUBLIC RECORDS REQUEST ITSELF IS CONSIDERED
[01:15:01]
A PUBLIC RECORD.SO IF IT COMES IN, THAT'S A DOCUMENT THAT YOU WOULD WANNA MAINTAIN BECAUSE NOW IT'S COME IN AS PART OF THE COURSE OF BUSINESS.
AND IN ORDER TO CHARGE, YOU'RE TECHNICALLY SUPPOSED TO POST, UM, YOUR, YOUR FEE SCHEDULE.
UM, IF YOU HAVE A, DO Y'ALL, DOES ANYBODY HAVE A WEBSITE OR ANY KIND OF DOCUMENTS? I MEAN, WHETHER THEY POST ANY INFORMATION TO THE PUBLIC ABOUT HOW YOUR BOARDS ARE RUN NO, BY LOSS.
I GUESS THE, PROBABLY THE BEST THING TO DO IS IF YOU WERE TO GET ONE JUST TO MAYBE, UM, WHAT MY, WHAT OURS IS AT THE CITY IS WE CHARGE A DOLLAR A PAGE FOR THE FIRST 10 PAGES AND THEN 50 CENTS A PAGE THEREAFTER.
AND THAT, THAT ONE HAS NOT, IT JUST HAS TO BE REASONABLE.
THEY HAVEN'T REALLY ESTABLISHED LIKE EXACTLY WHAT YOU CAN CHARGE.
WE, WHEN WE WERE TRYING TO POST OURS UP AT THE CITY, WE LOOKED AROUND TO KIND OF SEE WHAT OTHER PEOPLE WERE CHARGING SO WE COULD STAY IN LINE WITH THAT.
AND THAT WAS ABOUT HOW IT WAS GOING.
AND WE HAVEN'T HAD, WE'VE HAD IT IN PLACE FOR PROBABLY FIVE YEARS AND YOU KNOW, SOMETIMES PEOPLE COMPLAIN, BUT UM, WE HAVEN'T HAD ANY BODY CHALLENGE IT IN COURT OR ANYTHING LIKE THAT.
SO THAT MIGHT BE SOMETHING YOU COULD ADOPT.
I THINK THAT WOULD BE EASILY DEFENSIBLE.
YOU CAN ASK FOR, UM, IDENTIFICATION FROM THE PERSON JUST TO MAKE, MAKE SURE THAT THEY'RE OF THE AGE OF MAJORITY, BUT YOU'RE NOT SUPPOSED TO GET INTO THE REASONS WHY THEY'RE MAKING THE REQUEST.
IT'S NOT REALLY YOUR BUSINESS.
THEY HAVE THE RIGHT TO ASK WHATEVER THEY WANT TO ASK, UM, AND USE IT FOR WHATEVER PURPOSE THEY WANNA USE IT FOR.
SO, OH, AND THEY CAN, IF THEY WANT TO MAKE THE INSPECTION IN PERSON, THEN YOU CANNOT CHARGE THEM.
YOU CAN REQUIRE THAT THEY SET UP AN APPOINTMENT.
YOU DON'T HAVE TO DROP EVERYTHING IF THEY JUST SHOW UP.
UM, BUT YOU CAN'T CHARGE 'EM IF THEY WANNA DO AN IN-PERSON INSPECTION.
SO IF THEY SHOW UP, AND THIS IS JUST ONE THING TO SAY, YOU DON'T, DON'T WANNA LET ANYBODY BULLY YOU AND DID MEETING ANYTHING OR RUN IN TO FIND AN ANSWER.
UM, YOU CAN JUST TELL THEM, PLEASE SCHEDULE AN APPOINTMENT AND WE'LL BE HAPPY TO MAKE THIS, THIS FOR YOU.
BUT I WOULD SUGGEST YOU WOULD MAKE THAT APPOINTMENT QUICKLY, YOU KNOW, WITHIN THE NEXT COUPLE OF DAYS.
AND PROBABLY ALSO DOCUMENT THAT THEY HAD COME IN AND THAT YOU SCHEDULED THE APPOINTMENT.
IF, YOU KNOW, I DON'T, IF YOU'RE NOT GETTING THESE REQUESTS AND YOU'VE BEEN IN EXISTENCE FOR A LONG TIME, I DON'T GUESS IT'S TOO MUCH TO WORRY ABOUT, BUT IF YOU ARE GETTING THEM, YOU PROBABLY SHOULD ESTABLISH SOME TYPE OF PROCEDURE FOR HANDLING 'EM THAT YOU THEN YOU DISSEMINATE TO PEOPLE THAT PEOPLE CAN HANDLE THEM CONSISTENTLY.
BECAUSE THAT AGAIN, COMES BACK TO THIS ARBITRARY AND CAPRICIOUS, UM, FINDING THAT YOU DON'T WANT TO RUN A FOUL OF.
AND IF YOU'RE TREATING EVERYBODY CONSISTENTLY, THAT'LL HELP THERE.
AND
LIKE IF SOMEBODY COMES AND THEY WANNA SEE, UM, A RECORD AND I OF, YOU KNOW, SOMEBODY'S EMPLOYMENT APPLICATION, THE EMPLOYMENT APPLICATION ITSELF WOULD BE A PUBLIC RECORD.
BUT YOU CAN REDACT OUT PERSONAL INFORMATION LIKE THEIR SOCIAL SECURITY NUMBER, YOU KNOW, THEIR TAX WITHHOLDINGS, THINGS LIKE THAT.
BUT YOU CAN'T JUST EXEMPT THE ENTIRE RECORD BECAUSE IT CONTAINS CONFIDENTIAL INFORMATION.
YOU'RE EXPECTED TO SEGREGATE PUBLIC AND PRIVATE.
THE, UM, IF IT'S SO FAR AS THE CITY'S CONCERNED, LIKE IF THEY'VE ASKED THAT THE INFORMATION BE WITHHELD, UM, THEN YOU CAN REDACT IT OUT.
BUT REALLY, I I USUALLY JUST REDACT THAT OUT.
ALSO YOU CAN REDACT OUT CELL PHONE.
NU IT USED TO BE LIKE THAT YOUR, YOUR, YOUR HOME PHONE NUMBER WAS, UM, WAS PUBLIC, BUT YOUR CELL PHONE NUMBER YOU COULD REDACT OUT.
BUT EVERYBODY, NOBODY HAS THAT ANYMORE.
SO EVERYBODY JUST HAS A CELL PHONE NUMBER.
SO I THINK YOU HAVE TO GIVE THAT UP.
YOU WOULD REDACT IT, BUT I DON'T KNOW IF YOU'VE EVER SEEN THESE
[01:20:01]
CONTRACTS THOUGH, IN ORDER FOR IT TO COME WITHIN THE PURVIEW OF THAT EXEMPTION, THEY'LL, THE, THE PERSON WHEN THEY'RE PRESENTING IT TO YOU OR IS, OH, YOU'RE NOT TALKING ABOUT A BID, YOU'RE TALKING ABOUT A CONTRACT ITSELF.I DON'T THINK THERE'S, I MEAN, I HAVEN'T EVER REDACTED OUT PROPRIETARY INFORMATION OUT OF A CONTRACT.
I'VE DONE IT OUT OF A BID WHEN THEY, YOU KNOW, THEY'LL SAY, THEY'LL SAY IN THE BID ITSELF THAT THIS IS, AND THEY HAVE MARKED IT AS CONFIDENTIAL OR PROPRIETARY OR WHAT, SOMETHING LIKE THAT, THAT'S INDICATING THAT THEY BELIEVE THAT IT MEETS THAT.
AND THEN YOU WOULD HAVE A LAWYER SAY, YES, I AGREE.
AND THEN THEY WOULD REDACT THAT PART OUT.
BUT IN A CONTRACT ITSELF, ONCE IT'S A PUBLIC CONTRACT, OKAY, WELL AGAIN, I WOULD GET, I WOULD GET THE HELP OF A LAWYER TO DETERMINE WHETHER OR NOT IT'S MEETING THAT, THAT CRITERIA.
THERE ARE, UM, THERE ARE EXEMPTIONS FOR SOFTWARE AND THINGS LIKE THAT AND YOU KNOW, LIKE I GUESS IN ANYTHING THAT'S CRITICAL TO SECURITY, THINGS LIKE THAT IS ALL EXEMPT.
UM, UH, LIKE BUILDING FLOOR PLANS THAT MIGHT WOULD GIVE, YOU KNOW, A BAD GUY SOME ACCESS TO HOW TO GET IN A BUILDING, THINGS LIKE, YOU KNOW, SCHOOLS, THINGS LIKE THAT.
UM, SO THERE ARE EXEMPTIONS OF THAT WOULD COVER THAT KIND OF THING, BUT I WOULDN'T TRY TO FIGURE IT OUT YOURSELF.
IT GETS KIND OF COMPLICATED
AND I WOULD ALSO BE SURE THAT YOU GOT THE ORIGINAL COPY SO THAT YOU COULD COMPARE WHAT THEY REDACTED, BECAUSE YOU DO HAVE TO HAVE AN INDEPENDENT PERSON EVALUATE.
WE HAVE THE ORIGINAL COPY, RIGHT? RIGHT.
YOU DON'T WANNA GET SUED FOR THAT, BUT YOU ALSO DON'T WANNA GET SUED FOR YOUR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT.
SO YOU HAVE TO HAVE TO BALANCE THE COMPETING INTEREST.
AND THAT'S WHY YOU HAVE TO LOOK AT IT THAT, AND ACTUALLY IT AIRS ON THE SIDE OF DISCLOSURE, UNLESS THEY CAN PROVE THAT IT COMES WITHIN ONE OF THE EXEMPTIONS.
SO WITHOUT, YOU KNOW, I WOULD, IF IF YOU'RE, IF YOU'RE GOING TO CONTINUE THAT PRACTICE OF ASKING THEM TO REDACT IT, THEN UM, I WOULD DEFINITELY HAVE SOMEBODY ELSE HAVING A LAWYER LOOK AT WHAT THEY'VE REDACTED VERSUS THE ORIGINAL CONTRACT TO MAKE SURE THAT IT MEETS THE LEGAL DEFINITION OF PROPRIETARY.
AND IF THEY'RE CLAIMING AN EXEMPTION BEYOND PRO PROPRIETARY, I DON'T HAVE 'EM TELL YOU WHAT EXEMPTION THEY'RE CLAIMING BECAUSE YOU'RE ACTUALLY OBLIGATED IF THE REQUESTER SAYS, UM, YOU KNOW, WHAT, WHAT EXEMPTION YOU'RE CLAIMING, YOU HAVE TO SUBMIT WHAT THEY CALL IS, IT'S A PRIVILEGE LAW AND, AND ASSERT THE LEGAL PRIVILEGE THAT YOU'RE RELYING ON FOR THE REDACTION.
SO YEAH, YOU NEED TO UM, CORRECT.
YEAH, PRIVILEGED RIGHT, E EXACTLY.
AND THEN ALSO HAVE SOMEBODY ELSE CHECK IT JUST SO THAT, 'CAUSE I CAN SEE WHY, YOU KNOW, YOUR YOUR, YOUR REQUESTER WAS ALARMED AT THAT BECAUSE YOUR REQUESTER'S TRYING TO MAKE SURE THAT EVERYTHING'S BEING DONE ON THE UP AND UP.
AND IF THE PERSON THAT ENDED UP GETTING THE CONTRACT IS THE ONE THAT GETS TO HIDE THE INFORMATION, THEY'RE NOT GONNA FEEL COMFORTABLE THAT, THAT THEY'RE GETTING THE PROPER ACCESS TO REVIEW WHAT THEY NEED TO REVIEW.
[01:25:04]
IT'S JUST COMPETITORS TRYING TO GET THE, GET THE JOB RIGHT.WELL, AND WE DO, I, I SEE, I SEE REQUESTS LIKE THAT A LOT.
LIKE REMEMBER HOW I MENTIONED YOU CAN'T ASK WHY, BUT WHEN YOU GET A REQUEST LIKE THAT, IT'S PRETTY OBVIOUS WHAT'S GOING ON.
IT'S SOMEBODY THAT'S TRYING TO GET THE WORK AND IT FEELS FRUSTRATING.
'CAUSE HERE, AS A PUBLIC OFFICIAL, YOU'RE DOING WORK FOR SOMEBODY ELSE THAT'S NOT A PUBLIC ENTITY TO MAKE SOME MONEY AND LIKE, WHY DO I HAVE TO DO THIS? BUT IT CIRCLES BACK TO THAT, IT'S, THEY'RE A MEMBER OF THE PUBLIC AND YOU DON'T GET TO INQUIRE WHY.
AND EVEN IF YOU CAN READ BETWEEN THE LINES AND SEE WHY YOU CAN'T, NOW YOU CAN, IF, IF THEY'RE SUBMITTING A SUPER ONEROUS REQUEST LIKE THAT, MAYBE SLOW IT DOWN BY, BY TELLING 'EM ADVANCE, THEY'RE GONNA BE REQUIRED TO PAY FEES BECAUSE SOMETIMES THAT WILL MAKE PEOPLE GET A LITTLE MORE REASONABLE THAN IF THEY'RE JUST GETTING IT ALL FOR FREE.
BUT THAT'S ABOUT ALL YOU CAN LEGALLY DO IS SOMETHING LIKE THAT.
RIGHT? BUT SO THAT'S WHY, THAT'S WHY ON SOMETHING LIKE THAT, YOU WOULD, YOU WOULD COMMUNICATE AN ANTICIPATED DATE OF PRODUCTION WITHIN THAT AMOUNT OF TIME.
AND I ALWAYS TAKE THE POSITION, WE GET REALLY VOLUMINOUS REQUESTS AND I HAVE, AND I'M REACHING OUT TO THE DEPARTMENTS AND THEY'RE AGGRAVATED 'CAUSE THEY'VE GOTTA DO ALL THIS WORK NOW THAT WASN'T PREVIOUSLY ON THEIR DESK.
AND UM, I TELL 'EM, YOU KNOW, IF IT'S, IF IT'S SUPER ONEROUS, YOUR ANTICIPATED DATA OF PRODUCTION CAN BE TWO MONTHS FROM NOW.
I MEAN, IF IT'S REALLY A SERIOUS REQUEST.
UM, BUT UM, AND IF YOU'VE GOT SOMETHING LIKE THAT, I MEAN, AND Y'ALL HAVE A LOT OF SENSITIVE INFORMATION THAT YOU'RE DEALING WITH, SO, UM, YOU JUST HAVE TO SAY IT'S, YOU KNOW, THE, IT'S BEING REVIEWED BY AN ATTORNEY AND UM, IT'S GONNA TAKE, YOU KNOW, WHATEVER AND THEN ALWAYS OVER PROMISE, WHATEVER I'M TRYING TO SAY UNDER PROMISE, OVER DELIVER.
UM, SO, UM, YOU KNOW, CALENDAR IT, MAKE SURE YOU GET IT AND IF YOU CAN'T, THEN REACH BACK OUT AGAIN WITHIN THE, THE DESIGNATED TIMEFRAME.
APOLOGIZE, IT'S GONNA BE AN ADDITIONAL WEEK OR WHATEVER IT'S GONNA BE AND KEEP ALL THAT DOCUMENTED.
I DON'T THINK ANY JUDGE WILL, IT'LL MAKE PEOPLE MAD BECAUSE THEY READ THE THREE DAY THING AND THEY THINK YOU'RE JUST SUPPOSED TO PRODUCE EVERYTHING, BUT IT'S JUST NOT ALWAYS POSSIBLE WITH THESE TYPES OF REQUESTS AND WHEN YOU HAVE TO GET REVIEW, WHICH YOU'RE ENTITLED AND SHOULD BE DOING.
SO, UM, I, I DON'T THINK THERE'S ANY JUDGE THAT'S GONNA, UH, THE TIMES I'VE EVER SEEN PEOPLE GET IN TROUBLE.
AND THE CASE LAW THAT I'VE SEEN IS FOR PEOPLE THAT ARE JUST KIND OF, YOU KNOW, BLOWING IT OFF OR BEING OUTRIGHT HOSTILE TO SOMEBODY NOT, NOT MAKING ANY, ANY REAL EFFORTS TO COMPLY, NO COMMUNICATION, THINGS LIKE THAT.
ANOTHER THING, ANOTHER WAY THAT YOU CAN, YOU CAN REACH OUT TO A REQUESTER AND ASK THEM TO, UM, CLARIFY A REQUEST.
THERE'S A LOT OF TIME YOU GET A REQUESTED AND IT'S NOT CLEAR WHAT THEY'RE ASKING FOR.
AND, UM, YOU TITLED TO REACH OUT AND MAKE THEM BE MORE SPECIFIC AND EXPLAIN WHAT YOUR PROBLEM WITH IT IS.
AND, UM, YOU KNOW, IF YOU'VE MADE SEVERAL ATTEMPTS TO REASONABLY COMPLY, I MEAN, TO GET A REASONABLE CLARIFICATION AND THEY HAVEN'T COMPLIED, THEN YOU CAN CLOSE OUT THE REQUEST.
AND I, I DON'T LIKE TO LEAVE REQUESTS OPEN BECAUSE THEN IT'S JUST HANGING OUT THERE TOO LONG.
AND SO IF, IF I'VE CLOSED OUT A REQUEST DUE TO, YOU KNOW, NON-COMMUNICATION, THEN, UM, THEN IF SOMEBODY DOES COME BACK LATER, I'LL SAY, SORRY, YOUR REQUEST WAS CLOSED OUT.
WE REACHED OUT ON THIS DATE AND THIS DATE AND THIS DATE.
UM, YOU'LL HAVE TO SUBMIT A NEW REQUEST 'CAUSE YOU WANT THE THE CLOCK TO START RUNNING AGAIN ON YOUR TIME.
JUST AGE AND IDENTIFICATION IS THE ONLY THINGS YOU CAN ASK.
LET ME JUST FLIP THROUGH MY NOTES REAL QUICK AND MAKE SURE AGE AND IDENTIFICATION.
YOU CAN'T ASK WHY, WHY THEY WANT IT, RIGHT? YEAH.
JUST TO MAKE SURE THEY'RE, THEY HAVE TO BE, UM, BE OF AGE.
[01:30:05]
OKAY.AND I HAVE THIS, UM, I CAN, I'LL JUST GIVE YOU THIS PAGE BEFORE WE LEAVE, THAT HAS TRADE SECRET, THE DEFINITION OF TRADE SECRETS.
SO, UM, YOU CAN JUST KNOW IT, HAVE IT HANDY WHAT THE LAW SAYS ABOUT THAT.
UM, AND MATTERS RELATED TO CYBERSECURITY, CYBER ATTACKS AND TECHNOLOGY PROVIDERS.
SO MAYBE THAT'S WHAT'S COMING IN HERE WITH YOU CAN IS CAN BE EXEMPT.
UM, PERSONNEL RECORDS HAVE A LOT OF SPECIAL RULES IN ORDER TO PROTECT THE INTERESTS OF PUBLIC EMPLOYEES.
BUT AGAIN, YOU WOULD NEED AN ATTORNEY TO HELP YOU WITH THEM.
'CAUSE THERE, IT, IT SEEMS LIKE IT SHOULD ALL BE CLEAR AND THEY, THERE'S A LOT OF LAW THAT SAYS THAT IT'S ALL CONTAINED WITHIN THE FOUR CORNERS OF THE ACT, BUT THE ACT DOES SET FORTH SOME OF THEM IN DETAIL, BUT THAT IT ALSO REFERENCES DIFFERENT STATUTES THAT ARE ALL OVER OTHER PLACES IN THE LAW.
LIKE MAYBE IT'LL SAY SOMETHING ABOUT HEALTH RECORDS AND THERE'S A WHOLE SEPARATE, UM, AREA WHERE THEY'RE TALKING IN DETAIL ABOUT HEALTH RECORDS.
AND SO IT'LL REFERENCE YOU OVER THERE.
SO THEN YOU GOTTA GO OVER THERE AND LOOK THERE.
AND THEN, AS I SAID, BECAUSE LOUISIANA HAS THIS CONSTITUTIONAL RIGHT TO PRIVACY, THE LEGISLATURE MISSED A FEW AND THEN SOMETHING COMES UP, SOMETHING COMES ACROSS SOMEBODY'S DESK AND YOU'RE ABOUT TO RELEASE SOME INFORMATION THAT EVERYBODY KNOWS SHOULD NOT BE DISCLOSED.
IT JUST FEELS TERRIBLY UNFAIR.
SO, UM, SO REQUESTERS HAVE DENIED IT.
IT'S BEEN LITIGATED IN THE COURTS, AND THE COURTS HAVE SAID, OKAY, WELL IT WASN'T IN THE SPECIFIC STATUTORY EXCEPTION, BUT IT IS HERE IN, UM, IT'S PROTECTED ON LOUISIANA'S CONSTITUTIONAL RIGHT TO PRIVACY.
SO THERE'S SOME THAT ARE CARVED OUT THAT WAY.
THAT'S WHY IT TAKES, UM, SOME, SOME WORK TO KIND OF FIGURE OUT IF, IF IT'S KIND OF AN OBSCURE THING.
OKAY, I THINK THAT'S ABOUT ALL I HAVE UNLESS Y'ALL HAVE ANY MORE QUESTIONS.
UM, AND I HAVE A, UM, I THINK EVERYBODY HAS IT, THE LEGISLATIVE AUDITORS, UH, PUBLIC RECORDS PUBLICATION, PUBLIC RECORDS LAW PUBLICATION FOR Y'ALL'S REFERENCE.
UM, PRETTY MUCH EVERYTHING IN IT IS, ARE THE THINGS THAT, UM, MS. BROWN COVERED.
SO, UH, IF YOU HAVE SPECIFIC QUESTIONS, YOU'LL HAVE THAT TO REFERENCE, UH, WHEN YOU GET BACK TO THE REST OF YOUR BOARD.
UM, OR, YOU KNOW, IF, IF SOMETHING COMES UP AND YOU'RE WONDERING WHETHER IT IS A PUBLIC RECORD OR NOT, AGAIN, FEEL FREE TO REACH OUT TO MY OFFICE AND, UM, OR THE PARISH ATTORNEY'S OFFICE AND WE CAN PUT YOU IN TOUCH, UM, WITH THE RIGHT PERSON WHO COULD ANSWER YOUR QUESTIONS.
UM, AND I DID POINT OUT, UM, AT THE END OF THE LAST SESSION THAT THE LEGISLATIVE AUDITOR'S OFFICE IS GOOD ABOUT ANSWERING QUESTIONS.
SO IF Y'ALL HAVE A PARTICULAR QUESTION, YOU CAN CALL THE LEGISLATIVE AUDITOR'S LEGAL DIVISION, AND THEY ARE GOOD ABOUT GETTING BACK TO YOU, UM, WITH, UH, ANSWERS TO ANY OF YOUR QUESTIONS ABOUT THINGS LIKE OPEN MEETINGS, PUBLIC RECORDS, THAT TYPE OF THING.
UM, WE'RE GONNA TAKE ANOTHER QUICK BREAK, UM, AND WE'RE GONNA COVER DUAL OFFICE HOLDING IN ABOUT FIVE TO 10 MINUTES.
UM, FEEL FREE TO IF GET SOMETHING TO EAT OR DRINK, UM, WE ARE GONNA HAVE LUNCH PROVIDED, UM, AROUND BETWEEN 1130 AND 12.
UM, AND IF YOU HAVE NOT, PLEASE MAKE SURE YOU SIGN THE SIGN IN SHEET THAT IS OUT FRONT.
OKAY, Y'ALL, UM, WE WILL GO AHEAD AND GET STARTED WITH OUR LAST PRESENTATION BEFORE LUNCH.
UM, AND I AM GONNA TALK A LITTLE BIT ABOUT DUAL OFFICE HOLDING AND DUAL EMPLOYMENT.
UM, A A VERY USEFUL TOOL THAT, UM, YOU HAVE IN YOUR HANDS IS THIS DUAL OFFICE HOLDING IN DUAL EMPLOYMENT CHART.
THESE ARE PROHIBITED, UM, PROHIBITED REGULATIONS BASED ON THE OFFICE THAT YOU HOLD.
OKAY? SO I'M GOING TO, FOR THE SAKE OF ARGUMENT, ASSUME THAT MOST OF Y'ALL IN THIS ROOM ARE A LOCAL PART-TIME APPOINTED OFFICE.
SO IF YOU LOOK ACROSS THE TOP ROW, UH, IN THE MIDDLE, IT SAYS LOCAL PART-TIME, A POINT OF OFFICE, UM, AND ALL OF THOSE THINGS, UM, HAVE A A MEAN, ALL OF THOSE WORDS OBVIOUSLY HAVE A MEANING.
SO IN YOUR DUAL EMPLOYMENT AND DUAL OFFICE HOLDING HANDOUT THAT JUSTIN GAVE YOU, UM, THERE ARE, ARE DEFINITIONS STARTING
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ON PAGE, SORRY.UH, STARTING ON PAGE FOUR, IT'S GONNA TELL YOU WHETHER YOU AS A MEMBER OF A BOARD OR COMMISSION OR EMPLOYEE FIT INTO THE DEFINITION OF AN ELECTIVE OFFICE AND A POINT OF OFFICE, UM, WHETHER YOU ARE EMPLOYED BY AN AGENCY, WHETHER YOU ARE PART-TIME OR FULL-TIME.
SO IF YOU SERVE ON A BOARD OR COMMISSION THAT IT WAS ESTABLISHED BY, UM, THE CITY PARISH ESTABLISHED BY THE METRO COUNCIL, YOU ARE LIKELY A PART-TIME A POINT OF OFFICE.
UM, AND I WILL CAVEAT THIS BY SAYING IF YOU EVER HAVE A SPECIFIC QUESTION ABOUT YOU, UM, SOMETHING THAT MAY BE COMING UP FOR YOU, UM, A DECISION YOU'RE MAKING ABOUT A POSSIBLE EMPLOYMENT OR, UM, SOMETHING LIKE THAT, FEEL FREE TO REACH OUT TO ME OR THE PARISH ATTORNEY'S OFFICE.
UM, THE ATTORNEY GENERAL'S OFFICE IS ACTUALLY THE OFFICE THAT, UM, HANDLES DUAL EMPLOYMENT, BUT I BELIEVE THE LEGISLATIVE AUDITOR'S OFFICE WILL ALSO ANSWER QUESTIONS ABOUT, ABOUT DUAL OFFICE HOLDING AS WELL.
UM, BUT IF YOU LOOK AT YOUR CHART UNDER, UM, LOCAL PART-TIME, A APPOINT OF OFFICE, YOU WILL SEE THAT PRETTY MUCH ANYTHING IN THE FAR LEFT COLUMN IS ALLOWED FOR YOU.
THAT MEANS YOU CAN RUN FOR OFFICE, YOU CAN, YOU KNOW, A RUN FOR AN ELECTIVE OFFICE, YOU CAN, UM, WORK FOR A LOCAL GOVERNMENT, YOU CAN, UM, WORK FOR STATE GOVERNMENT OR FEDERAL GOVERNMENT.
VIRTUALLY ANYTHING IS ALLOWED.
BUT WHAT I WILL SAY IS IF YOU DECIDE YOU WANT TO RUN FOR OFFICE, UM, WHILE YOU'RE STILL SERVING ON YOUR BOARD OR COMMISSION, IT DOES NOT HURT TO REACH OUT AND MAKE SURE THERE AREN'T ANY OTHER CONSIDERATIONS.
UM, BECAUSE THE LAST THING YOU WANT TO HAPPEN IS FOR Y'ALL TO HAVE EITHER A DUAL OFFICE HOLDING PROBLEM OR AN ETHICS PROBLEM.
Y'ALL ARE SERVING AS VOLUNTEERS IN THESE ROLES.
AND SO, UM, CERTAINLY DON'T WANT ANYBODY TO ENCOUNTER ANY UNNECESSARY LEGAL TROUBLE FOR SOMETHING YOU ARE VOLUNTEERING YOUR TIME FOR.
UM, SO ALL OF THESE THINGS ARE GOING TO BE ABOUT YOU PERSONALLY.
THESE ARE NOT, THESE DON'T EXTEND TO YOUR FAMILY MEMBERS.
UM, THE LAST PRESENTATION TODAY WILL BE ABOUT ETHICS AND SOME ETHICS CONSIDERATIONS DO EXTEND TO YOUR IMMEDIATE FAMILY, SUCH AS YOUR SPOUSE, YOUR CHILDREN, UM, EVEN YOUR IN-LAWS IN SOME CIRCUMSTANCES.
SO THIS CHART I FIND TO BE INCREDIBLY HELPFUL.
IF YOU HAVE BOARD, UM, MEMBERS WHO ARE NOT HERE TODAY, I, I WOULD MAKE A COPY OF IT OR SCAN IT AND EMAIL IT TO EVERYBODY, UM, SO THAT THEY CAN, UH, REFERENCE IT IF THEY HAVE QUESTIONS ABOUT WHETHER EMPLOYMENT OR RUNNING FOR OFFICE WOULD BE ALLOWED FOR THEM BASED ON THE BOARD THEY SERVE ON.
NOW, SOME OF YOU MAY ALSO BE ON STATE BOARDS, SOME OF YOU MAY SERVE ON IN SOME OTHER CAPACITY.
YOU MAY ALSO BE AN EMPLOYEE OF ANOTHER LOCAL GOVERNMENT, YOU MAY BE A STATE EMPLOYEE.
SO PLEASE MAKE SURE YOU REFERENCE EACH, UM, SCENARIO AT THE TOP FOR ANY, UM, THING THAT ACTUALLY APPLIES TO YOU.
IF IT'S TRUE OF YOU GO DOWN THE LINE AND MAKE SURE THAT ANYTHING ELSE YOU WANNA DO, UM, IS, IS ALLOWED.
SO, UM, THAT'S JUST YOUR REFERENCE SHEET.
UM, SO GENERALLY THE DUAL OFFICE HOLDING LAW IN LOUISIANA WANTS TO PREVENT, UM, CONFLICTS AND INCOMPATIBLE OFFICES.
SO THE LAW IS AIMED AT PREVENTING, UM, SOMEONE FROM SERVING IN ONE ROLE THAT MIGHT BE CONTRARY TO THEIR OBLIGATIONS AND RESPONSIBILITIES IN ANOTHER ROLE.
AND THAT IN LOUISIANA IS KNOWN AS INCOMPATIBLE OFFICE HOLDING.
SO, UM, THAT IS ON PAGE EIGHT, UM, OF YOUR HANDOUT.
UM, WHAT WOULD BE CONSIDERED, UM, WHAT WOULD BE CONSIDERED AN INCOMPATIBLE OFFICE.
SO WHEN IT SAYS UNDER QUESTION SEVEN, UM, ALL OF THE ANSWERS START WITH THE INCUMBENT OF ONE OFFICE.
NOW, THE INCUMBENT OF ONE OFFICE IS GONNA BASICALLY BE YOU.
IF YOU ARE THE LOCAL PART-TIME APPOINTED OFFICER, UM, THESE ARE GOING TO SAY THE THINGS THAT YOU WOULD NOT BE ALLOWED TO DO.
SO, UM, YOU CAN'T SERVE ON ANOTHER BOARD THAT HAS REGULATORY AUTHORITY OVER THE BOARD YOU'RE SITTING ON.
SO YOU CAN'T SERVE ON A BOARD THAT THEN HIRE, CAN HIRE AND FIRE THAT CAN THEN DECIDE YOU'RE, YOU KNOW, OUT OR, AND THAT'S AIMED AT YOU DON'T WANT, LET'S JUST TAKE ALLISON FOR EXAMPLE.
YOU DON'T WANT THE ALLISON BOARD SOMEONE TO BE ON THAT BOARD WHO CAN MAYBE
[01:40:01]
GET, UM, INTO A DISAGREEMENT WITH SOMEONE ELSE ON THE BOARD, BUT THAT PERSON HAS MORE POWER AND COULD, COULD INFLUENCE, YOU KNOW, LIKE ON THE METRO COUNCIL.WELL, NO, THEY NEED TO BE REMOVED.
THEY CAN'T, THEY SHOULD NOT BE SERVING ON THAT BOARD EVEN THOUGH THERE'S, YOU KNOW, THERE'S NO REAL REASON OTHER THAN A POTENTIAL CONFLICT OF OPINION OR, YOU KNOW, BASICALLY YOU, YOU MIGHT HOLD A GRUDGE AGAINST SOMEBODY.
SO THAT'S WHAT INCOMPATIBLE OFFICE, UM, UH, PROHIBITION IS AIMED AT PREVENTING.
SO, UM, THAT'S THE OVERARCHING PHILOSOPHY BEHIND IT.
UM, THESE SPECIFIC QUESTIONS, UM, THESE SPECIFIC ANSWERS TO THE QUESTION WILL FLESH OUT WHAT THAT LOOKS LIKE AND WHAT IS NOT ALLOWED, AND THEN ALSO GIVES AN EXAMPLE, UM, FROM AN ATTORNEY GENERAL OPINION, UM, ABOUT WHAT IS AN INCOMPATIBLE OFFICE.
UM, SO THERE ARE SOME, UH, PENALTIES ASSOCIATED WITH DUAL OFFICE HOLDINGS.
SO AGAIN, IF YOU, UH, JUST LIKE OPEN MEETINGS AND PUBLIC RECORDS, NOT TO BELABOR THE POINT, BUT Y'ALL ARE VOLUNTEERING AND SO WE WANT TO MAKE SURE THAT Y'ALL ARE, UM, NOT EXPOSING YOURSELVES TO ANY UNNECESSARY LIABILITY FOR SOMETHING THAT WE APPRECIATE YOUR, YOUR PUBLIC SERVICE.
UM, SO AGAIN, BETTER TO ASK AND FIND OUT FOR SURE THAN VIOLATE SOMETHING UNKNOWINGLY.
SO, UM, UH, AGAIN, THOSE ARE, THERE, ARE THERE ARE PENALTIES ASSOCIATED WITH DUAL OFFICE HOLDING? UM, THERE ARE A FEW EXCEPTIONS.
THOSE ARE ALL LISTED IN YOUR HANDOUT PAGES 10 AND 11.
UM, AND I WILL SAY SOME OF Y'ALL ARE PROBABLY AWARE THAT THAT, UM, METROPOLITAN COUNCIL MEMBERS DO SERVE ON SOME BOARDS AND COMMISSION PLANNING, COMMISSION, SOME OTHERS.
UM, THERE IS AN EXCEPTION IN THE LAW THAT ALLOWS A LOCAL GOVERNING AUTHORITY TO HAVE A MEMBER, UM, SERVE ON CERTAIN BOARDS AND COMMISSIONS.
SO IT OBVIOUSLY THAT COMES TO MIND FOR ME WHEN I THINK OF INCOMPATIBLE OFFICE, BUT THE LAW DOES ALLOW FOR A, UM, FOR A MEMBER OF A GOVERNING BODY TO SERVE ON A BOARD THAT THEY OVERSEE.
SO, AND I GUESS THE THOUGHT THERE IS THAT THERE ARE OTHER ELECTED OFFICIALS OBSERVING AND, YOU KNOW, THAT HAVE SOME ACCOUNTABILITY TO THE PEOPLE.
IT'S NOT, YOU KNOW, JUST A, A PERSON, A PERSON SERVING ON ANOTHER BOARD AND THE THE REST OF THE BOARD MAY NOT HAVE INTEREST IN IT.
AS A GENERAL RULE, UM, OUR ELECTED OFFICIALS ARE CHARGED WITH, UM, BEING STEWARDS OF ALL OF THE CITY PARISH BOARDS AND COMMISSIONS.
SO, UM, THERE ARE NOT GONNA APPLY TO Y'ALL.
UM, SPECIAL RULES WITH RESPECT TO JUDGES DEAN.
THERE ARE SPECIAL RULES WITH RESPECT TO A PLANNING COMMISSION.
AND THEN THERE ARE, THIS HANDOUT GIVES YOU A BUNCH OF ATTORNEY GENERAL OPINIONS.
AND BECAUSE I THINK MOST OF THESE ARE NOT GOING TO APPLY TO Y'ALL, I'M NOT, I'M NOT GONNA GO INTO THE DETAILS, UM, OF THIS, BUT IF YOU HAVE QUESTIONS BECAUSE YOU ALSO ARE A STATE EMPLOYEE OR YOU ALSO ARE A EMPLOYEE OF ANOTHER LOCAL GOVERNMENT, UM, I STRONGLY RECOMMEND LOOKING THROUGH THESE.
BUT THE, AGAIN, THE GENERAL RULE FOR THOSE OF YOU WHO ARE NOT, UH, OTHER PUBLIC SERVANTS AND YOUR ONLY ROLE AS A PUBLIC SERVANT IS THAT OF A BOARD OR COMMISSION MEMBER, A LOCAL APPOINTED PART-TIME, UM, A POINT OF OFFICE, UM, YOU ARE BASICALLY GONNA BE ALLOWED TO DO ALMOST ANYTHING ELSE, BUT YOU COULD HAVE SPECIFIC CIRCUMSTANCES THAT CHANGE THAT GENERAL RULE.
SO, UM, I, I'M NOT GONNA HIGHLIGHT IT BECAUSE I DON'T THINK IT'S GONNA APPLY TO TO MOST OF YOU, BUT, UM, SO IN GENERAL, UM, THESE ARE, UM, THE, THE CHART I THINK IS GOING TO BE YOUR FRIEND WHEN YOU'RE DETERMINING, UH, WHETHER THESE LAWS, UH, IMPLICATE ANY ROLE THAT YOU CURRENTLY SERVE IN OR ARE THINKING ABOUT SERVING IN, AGAIN, THINKING ABOUT RUNNING FOR OFFICE OR THINKING ABOUT TAKING A JOB WITH ANOTHER LOCAL GOVERNMENT OR A STATE OR A FEDERAL, UM, AGENCY.
UM, AND I KNOW WE'RE LOADING Y'ALL DOWN WITH PAPER TODAY, BUT, UM, I KNOW IT'S GREAT TO, AT LEAST FOR ME, YOU KNOW, IT, I, I HEAR, I HEAR IT AND I REMEMBER SOME OF IT, BUT IT'S GREAT TO BE ABLE TO REFERENCE IT.
UM, SO, UH, THAT IS, THAT IS IT IN TERMS OF THAT DUAL OFFICE HOLDING AND DUAL EMPLOYMENT.
UM, UNLESS THERE ARE ANY SPECIFIC QUESTIONS.
OKAY, IF NOT, UM, I THINK OUR LUNCH SHOULD BE GETTING HERE WITHIN THE NEXT, I THINK I JUST HEARD THEM.
[01:45:01]
UH, IF YOU JUST SHOULD GIVE US JUST A FEW MINUTES TO GET THAT SET UP.WE ARE GOING TO HAVE, WE'RE GOOD.
UM, WE ARE GOING TO HAVE, UM, BOX JIMMY JOHN'S BOX BOX LUNCHES IN THE CONFERENCE ROOM OVER HERE.
UM, FEEL FREE TO GRAB YOURS AND YOU CAN EITHER SIT ANYWHERE IN THE CHAMBERS.
UM, JUST WE WILL RECONVENE AT ONE.
I THINK ELENA WILL PROBABLY HAVE ANOTHER SIGN IN SHEET FOR Y'ALL FOR YOU TO GET YOUR ETHICS CREDIT.
SO, UM, WHEN YOU COME BACK, MAKE SURE, UM, YOU SIGN BACK IN, UM, AND WE'LL HAVE DRINKS, UH, AVAILABLE AS WELL.
BUT AGAIN, Y'ALL WILL HAVE AN HOUR TO, OR, OR MORE AN HOUR AND A HALF AT THIS POINT TO, UH, TO HAVE YOUR LUNCH AND TAKE A WALK OR JUST ENJOY SOME DOWNTIME.
ALRIGHT, WELCOME BACK EVERYBODY.
UM, IT IS NOW TIME FOR OUR FINAL HOUR.
THIS IS YOUR STATE REQUIRED ETHICS TRAINING PRESENTATION.
UM, ELENA ZARO FROM THE PARISH ATTORNEY'S OFFICE.
SHE'S THE PERSONNEL SECTION CHIEF IS HERE TO FACILITATE FOR US.
UM, EVERYONE, PLEASE MAKE SURE YOU HAVE SIGNED IN ON THE ETHICS SPECIFIC SIGN IN SHEET OUT FRONT.
UM, AND AGAIN, THANK YOU ALL FOR BEING HERE TODAY.
WHY ARE WE INSIDE? RIGHT? WE, WE SHOULD ACTUALLY BE OUTSIDE RIGHT LEARNING A CLASS, BUT WE'RE HERE.
AND SO WHAT I DO, I'M ELENA BRAND.
I'M AN ETHICS TRAINER FOR THE CITY OF BATON ROUGE.
UM, I CAN TRAIN WHEREVER THE STATE OF LOUISIANA ALLOWS ME TO, TO, BUT IT'S REALLY PRESSING A BUTTON.
THIS IS THE STANDARD VIDEO THAT THEY HAVE FOR THE BOARD OF ETHICS.
A LOT OF TIMES PEOPLE LIKE TO HAVE A MORE GATHERING TOGETHER.
IF YOU HAVE ANY QUESTIONS, SAVE THOSE QUESTIONS UNTIL AFTER THE VIDEO FINISHES AND I'LL BE MORE THAN HAPPY TO ANSWER THEM.
LIKEWISE, IF YOU HAVE ANY QUESTIONS THAT MAY COME UP THAT SEEMS SENSITIVE IN NATURE, YOU HAVE A LITTLE BIT MORE CONFIDENTIAL INFORMATION, PLEASE FEEL FREE TO LET ME KNOW AFTERWARDS.
I'LL REMAIN AFTERWARDS AND YOU CAN CONFIDENTIALLY TELL ME OR ASK ME WHAT YOU HAVE.
SO DO WE HAVE ANY QUESTIONS BEFORE WE HIT THAT LITTLE PLAY BUTTON? IF YOU'VE DONE IT, MA'AM, AND YOU'VE, AND YOU'VE DONE IT THROUGH THE BOARD OF ETHICS, YOU'RE DONE.
THEY CAN MOVE HER ON THE ROOM WHERE THEY, YEAH, THERE, THERE SHOULD BE PLAYING ON A NUMBER OF THE DIFFERENT SCREENS, BUT IT IS A VIDEO, IT RUNS THROUGH, BUT IT'S STRAIGHT FROM THE BOARD OF ETHICS.
SO IF YOU HAVE ALREADY TAKEN THE TRAINING, THEN YOU ARE FREE TO GO.
I CAN'T DISMISS YOU, BUT YOU ARE FREE TO GO.
CODE OF GOVERNMENTAL ETHICS FOR PUBLIC SERVANTS, GOOD ROOTS, GOOD FRUIT, GOOD GOVERNMENT.
DURING YOUR TRAINING, PLEASE KEEP IN MIND THAT THE STATE OF LOUISIANA REQUIRES ALL
DISCLAIMER, THE CONTENT OF THIS PRESENTATION IS INFORMATIONAL IN NATURE AND IS DESIGNED TO MEET THE ETHICS TRAINING REQUIREMENT PURSUANT TO REVISED STATUTE 42, SECTION 1170.
IT DOES NOT CONSTITUTE A FORMAL ADVISORY OPINION BY THE LOUISIANA BOARD OF ETHICS.
FOR MORE INFORMATION, YOU MAY CONTACT ONE OF THE STAFF ATTORNEYS WITH THE ETHICS ADMINISTRATION PROGRAM.
THE PURPOSE OF THIS COURSE IS TO INFORM PUBLIC SERVANTS ON THE CODE OF GOVERNMENTAL ETHICS AND TO INSPIRE GOOD STEWARDSHIP OF THE PUBLIC'S TRUST.
BY THE END OF THIS COURSE, YOU WILL KNOW MORE ABOUT THE CODE'S, BASIC PRINCIPLES AND PROVISIONS, HOW THE CODE AFFECTS PUBLIC SERVANTS AND PRIVATE PERSONS, AND HOW THE BOARD OF ETHICS ADMINISTERS THE CODE.
SECTION ONE PROHIBITIONS INTRODUCTION TO GOVERNMENTAL ETHICS.
WELCOME TO THE ETHICS TRAINING FOR PUBLIC SERVANTS.
THE BOARD OF ETHICS IS PLEASED THAT YOU'RE HERE AND READY TO LEARN ABOUT OR TO BE REMINDED OF HOW THE CODE OF GOVERNMENTAL ETHICS WORKS TO KEEP LOCAL AND STATE GOVERNMENT IN LOUISIANA.
HONEST, FAIR, AND TRANSPARENT.
WHAT'S GOVERNMENTAL ETHICS? GOVERNMENTAL ETHICS REFERS TO A PARTICULAR PROFESSIONAL CODE OF CONDUCT FOR THOSE WHO WORK IN AND FOR GOVERNMENT.
GOVERNMENTAL ETHICS IDENTIFIES WHAT ARE CORRECT BEHAVIORS FOR THOSE WORKING IN GOVERNMENT.
IT ENSURES THAT PUBLIC OFFICE AND EMPLOYMENT IS NOT USED FOR PRIVATE GAIN.
WHY DO I NEED ETHICS TRAINING? LOUISIANA REVISED STATUTE 42 11 70 A THREE AI REQUIRES ALL PUBLIC SERVANTS TO RECEIVE A MINIMUM OF ONE HOUR
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OF EDUCATION AND TRAINING ON THE CODE OF GOVERNMENTAL ETHICS DURING EACH YEAR OF HIS OR HER PUBLIC EMPLOYMENT.GOVERNMENTAL ETHICS IS IMPORTANT IN GOVERNMENT BECAUSE IT PROVIDES ACCOUNTABILITY BETWEEN THE PUBLIC AND THE ADMINISTRATION WHO MUST TAKE THE MANDATORY TRAINING EACH YEAR? ALL PUBLIC SERVANTS AND ELECTED OFFICIALS MUST TAKE ETHICS TRAINING EACH YEAR.
ELECTED OFFICIALS MUST ALSO TAKE ONE HOUR OF CAMPAIGN FINANCE TRAINING ONCE DURING THEIR TERM OF OFFICE.
ETHICS TRAINING MUST BE TAKEN EACH CALENDAR YEAR BETWEEN JANUARY 1ST AND MIDNIGHT ON DECEMBER 31ST.
WHO IS CONSIDERED A PUBLIC EMPLOYEE? A PUBLIC EMPLOYEE IS ANY ADMINISTRATIVE OFFICER OR OFFICIAL OF A GOVERNMENTAL ENTITY, BUT NOT SOMEONE FILLING AN ELECTED OFFICE.
PUBLIC AND EMPLOYEES INCLUDE PEOPLE ENGAGED IN THE PERFORMANCE OF A GOVERNMENTAL FUNCTION AND ANY WORKER OR VOLUNTEER UNDER THE SUPERVISION OR AUTHORITY OF AN ELECTED OFFICIAL OR SOME OTHER EMPLOYEE OF A GOVERNMENTAL ORGANIZATION.
THIS IS WHETHER THEY ARE COMPENSATED OR NOT.
WHICH OF THE FOLLOWING ROLES IS NOT CONSIDERED A PUBLIC SERVANT? A, A SMALL BUSINESS OWNER, B, A POLICE OFFICER, CA PUBLIC SCHOOL PRINCIPAL.
DA DISTRICT ATTORNEY? CORRECT.
THE ANSWER IS A, ALL THE ROLES LISTED ARE PUBLIC SERVANTS ACCEPT A SMALL BUSINESS OWNER, TRUSTWORTHY GOVERNMENT.
WE OFTEN HEAR THE TERM CONFLICT OF INTEREST.
WHAT DOES THAT MEAN AND HOW DOES IT APPLY TO US AS PUBLIC SERVANTS? CONFLICT OF INTEREST.
A SITUATION IN WHICH A PERSON IS IN A POSITION TO GET SOME PERSONAL BENEFIT FROM ACTIONS OR DECISIONS MADE IN THEIR OFFICIAL CAPACITY.
PUBLIC SERVANTS SHOULD BE ABLE TO SPOT CONFLICTS OF INTEREST.
THIS TRAINING WILL HELP YOU RECOGNIZE POTENTIAL CONFLICTS SO YOU CAN AVOID ETHICS VIOLATIONS.
SOPHIE IS THE DIRECTOR OF PERSONNEL FOR A LARGE STATE AGENCY.
SHE HAS BEEN ASKED TO ORGANIZE A LUNCHEON FOR AGENCY'S ANNUAL STATEWIDE CONFERENCE.
SOPHIE'S HUSBAND, RALPH IS A CHEF WHO CATERS FUDGE EVENTS.
MAY SOPHIE HIRE HER HUSBAND TO CATER THE LUNCHEON.
AS LONG AS HIS RATES ARE WITHIN STATE GUIDELINES.
AS LONG AS NO ONE KNOWS THAT THEY ARE MARRIED.
BECAUSE SOPHIE AND HER HUSBAND WOULD FINANCIALLY GAIN FROM THE CONTRACT.
D, NO, BECAUSE HER COWORKERS MIGHT BE OFFENDED.
CORRECT? THE ANSWER IS C, NO, BECAUSE SOPHIE AND HER HUSBAND WOULD FINANCIALLY GAIN FROM THE CONTRACT.
WHOM DOES THE CODE OF GOVERNMENTAL ETHICS AFFECT ELECTED OFFICIALS, APPOINTED OFFICIALS, PUBLIC EMPLOYEES, PRIVATE ENTITIES, LEGAL ENTITIES, IMMEDIATE FAMILY MEMBERS, IMMEDIATE FAMILY MEMBERS.
WHICH FAMILY MEMBERS WOULD BE IMMEDIATE.
THE CODE CLASSIFIES AS IMMEDIATE.
YOUR SPOUSE, YOUR PARENTS, YOUR SPOUSE'S PARENTS, YOUR CHILDREN, YOUR BROTHERS AND SISTERS.
YOUR INCLUDE HALF SIBLINGS, THE SPOUSES OF YOUR BROTHERS AND SISTERS AND THE SPOUSES OF YOUR CHILDREN, BUT NOT YOUR SPOUSES, BROTHERS AND SISTERS OR YOUR STEPCHILDREN UNLESS THEY ARE ADOPTED.
PROHIBITED SOURCES FOR PUBLIC SERVANTS INCLUDE ONE.
A PERSON WHO HAS OR IS SEEKING A CONTRACTUAL BUSINESS OR FINANCIAL RELATIONSHIP WITH YOUR AGENCY.
PROHIBITED SOURCES FOR PUBLIC SERVANTS ALSO INCLUDE SOMEONE WHO, FOR COMPENSATION, ATTEMPTS TO INFLUENCE ANY LEGISLATION OR ORDINANCE OF YOUR AGENCY.
1115 A TWO PROHIBITED SOURCES FOR PUBLIC EMPLOYEES.
PUBLIC EMPLOYEES, UNLIKE ELECTED OFFICIALS, HAVE TWO ADDITIONAL PROHIBITED SOURCES.
A PERSON WHO CONDUCTS ACTIVITIES WHICH ARE REGULATED BY YOUR AGENCY, LOUISIANA, REVISED STATUTE 42.
A PERSON WHO HAS A SUBSTANTIAL ECONOMIC INTEREST THAT MAY BE SUBSTANTIALLY AFFECTED BY THE PERFORMANCE OR NON-PERFORMANCE
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OF YOUR DUTIES AS A PUBLIC EMPLOYEE.LOUISIANA REVISED STATUTE 42 11 15 B TWO PROHIBITIONS ON INCOME.
PROHIBITIONS ON INCOME ARE NOT LIMITED TO PROHIBITED SOURCES.
PUBLIC SERVANTS MAY NOT RECEIVE ANYTHING OF ECONOMIC VALUE OTHER THAN THE COMPENSATION AND BENEFITS TO WHICH THEY'RE DULY ENTITLED FROM THEIR GOVERNMENTAL ENTITY FOR THE PERFORMANCE OF THE DUTIES AND RESPONSIBILITIES OF THEIR OFFICE OR POSITION.
MOON LIGHTING AND DOUBLE DIPPING.
GENERALLY, PUBLIC SERVANTS MAY NOT BENEFIT OR RECEIVE PAYMENT FOR PERFORMING THE SAME OR SIMILAR JOB OR SERVICES THAT THEY PROVIDE FOR THE GOVERNMENT IF THE WORK IS SIMILAR TO YOUR JOB.
THE THREE PARTS OF THIS PROHIBITION ARE THE SERVICE YOU ARE PROVIDING IN YOUR PRIVATE CAPACITY IS DEVOTED SUBSTANTIALLY TO THE RESPONSIBILITIES, PROGRAMS, OR OPERATIONS OF YOUR AGENCY.
YOU PARTICIPATED IN PROVIDING THAT SERVICE DURING YOUR PUBLIC EMPLOYMENT AND YOU ARE RECEIVING A PAYMENT FOR PROVIDING THAT PRIVATE SERVICE.
IF YOUR ACTIVITY MEETS ALL THREE OF THESE CRITERIA, THEN YOUR ACTIVITY IS AN ETHICS VIOLATION UNDER THE PROHIBITION IN REVISED STATUTE.
TITLE 42, SECTION 1111 C ONE A, ANN IS A WEB DESIGNER FOR A STATE UNIVERSITY.
ONE OF HER DEPARTMENT'S VENDORS OFFERED A CONTRACT TO BUILD AND MANAGE A WEBSITE FOR THEIR COMPANY.
ANN DECIDES TO ACCEPT THE CONTRACT BECAUSE SHE ASSUMES THERE COULD NOT POSSIBLY BE AN ETHICS VIOLATION.
CONCERNING WORK SHE DOES ON HER OWN TIME IS INCORRECT AND IS INCORRECT IN HER ASSUMPTION.
ACCORDING TO LOUISIANA REVISED STATUTE 42 11 15 A ONE OF THE CODE, A PERSON WHO HAS OR IS SEEKING A CONTRACTUAL BUSINESS OR FINANCIAL RELATIONSHIP WITH YOUR AGENCY IS A PROHIBITED SOURCE FOR PUBLIC SERVANTS.
SINCE THE VENDOR HAS OR IS SEEKING A CONTRACT WITH HER DEPARTMENT AND WILL VIOLATE THE CODE IF SHE ACCEPTED AN OUTSIDE CONTRACT OR EMPLOYMENT WITH THEM.
NO INSIDER TRADING, YOU MAY NOT BE PAID OR BENEFIT ECONOMICALLY IN ANY WAY BY USING OFFICIAL GOVERNMENT DATA IDEAS OR INFORMATION THAT YOU LEARNED ON THE JOB.
IF THAT INFORMATION HAS NOT BEEN MADE, PUBLIC PROHIBITIONS ON INCOME, PUBLIC SERVANTS MAY NOT RECEIVE ANYTHING OF ECONOMIC VALUE FOR SERVICES PERFORMED FOR OR COMPENSATED BY A PERSON WHO WOULD BE CONSIDERED A PROHIBITED SOURCE FOR THE PUBLIC SERVANT.
INCOME FROM PROHIBITED SOURCES CANNOT BE RECEIVED BY THE PUBLIC SERVANT'S, SPOUSE OR ANY LEGAL ENTITY OR COMPANY OF WHICH THE PUBLIC SERVANT OR THE PUBLIC SPOUSE EXERCISES CONTROL OR OWNS AN INTEREST GREATER THAN 25%.
ERICA IS THE CONTRACT SPECIALIST IN HER TOWN'S COMMUNITY DEVELOPMENT PROGRAM.
SHE MONITORS CONTRACTS BETWEEN HER AGENCY AND A COMMUNITY ORGANIZATIONS IN HER AREA.
SARAH, THE ASSISTANT DIRECTOR OF GRAND, ONE OF THE EIGHT ORGANIZATIONS, TELLS THE GROUP ABOUT AN UPCOMING OPENING AT HER NONPROFIT FOR THE EXECUTIVE DIRECTOR POSITION.
WOULD IT BE A VIOLATION OF THE CODE FOR ERICA TO APPROACH SARAH TO WORK FOR GRAND? IT WOULD BE A VIOLATION OF THE ETHICS CODE FOR ERICA TO APPROACH SARAH TO WORK FOR GRAND UNDER LOUISIANA.
ERICA WOULD HAVE AN UNFAIR ADVANTAGE OVER THE APPLICANTS DUE TO HER PUBLIC CONTRACT WITH ZERO'S COMPANY PROHIBITION EXCEPTION FOR SPOUSE IN 2021.
ACT 2 72 WAS ENACTED AND CREATED AN EXCEPTION TO THE PROHIBITIONS ON INCOME.
IN A CASE WHERE A PUBLIC SERVANT SPOUSE WORKS FOR SOMEONE WHO MAY BE A PROHIBITED SOURCE, THIS EXCEPTION DOES NOT APPLY TO THE SPOUSE OF A STATE LEGISLATOR.
THE EXCEPTION ONLY APPLIES WHEN THE SPOUSE ALREADY WORKS FOR A PERSON.
THAT IS GOING TO BE A PROHIBITED SOURCE BECAUSE OF A CONTRACTUAL BUSINESS OR FINANCIAL RELATIONSHIP THEY ARE SEEKING WITH THE PUBLIC SERVANTS AGENCY.
IT ALLOWS THE SPOUSE TO KEEP THEIR JOB IF THE SPOUSE'S SALARIED OR WAGE EARNING EMPLOYEE.
THE SPOUSE HAS BEEN EMPLOYED FOR AT LEAST A YEAR PRIOR TO THEIR EMPLOYMENT BEING PROHIBITED BY THE CODE.
THE SPOUSE SALARY IS UNAFFECTED BY THE RELATIONSHIP BETWEEN THE EMPLOYER AND THE PUBLIC SERVANT'S AGENCY.
NEITHER THE PUBLIC SERVANT NOR THE SPOUSE OR AN OWNER, OFFICER, DIRECTOR, TRUSTEE, OR PARTNER OF THE COMPANY AND THE PUBLIC SERVANT DOES NOT PARTICIPATE IN MATTERS INVOLVING THE SPOUSE'S EMPLOYER.
ALSO, FOR THIS EXCEPTION TO APPLY, A DISQUALIFICATION PLAN MUST BE FILED WITHIN
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10 DAYS OF THE CONTRACTUAL BUSINESS OR FINANCIAL RELATIONSHIP COMING INTO EXISTENCE OR WITHIN 10 DAYS OF THE PUBLIC SERVANT BEING ELECTED, APPOINTED OR HIRED INTO A NEW POSITION WHERE THE SPOUSE'S EMPLOYER HAS A CONTRACT, EXCEPTIONS TO PROHIBITIVE SOURCES OF INCOME FROM MEMBERS OF SCHOOL BOARDS AND PARISH OR MUNICIPAL GOVERNING AUTHORITIES.HOUSE BILL 4 26 CREATED AN EXCEPTION FROM MEMBERS OF SCHOOL, BOARD OR PARISH OR MUNICIPAL GOVERNING AUTHORITY TO RECEIVE COMPENSATION FROM OUR PROHIBITIVE SOURCE IF THEY MEET CERTAIN CRITERIA.
ALSO CREATES AN EXCEPTION TO ALLOW A TEACHER, COACH OR OTHER EDUCATIONAL PROFESSIONAL TO PROVIDE ACADEMIC TUTORING OR ATHLETIC TRAINING SERVICES FOR COMPENSATION TO STUDENTS WHO ATTEND THE SCHOOL AT WHICH THEY ARE ASSIGNED IN WAIVES ANY USAGE FEES ASSOCIATED WITH THE USE OF THE SCHOOL FACILITIES.
PAYMENTS FOR RENDERING ASSISTANCE TO CERTAIN PERSONS, A PUBLIC SERVANT, A LEGAL ENTITY IN WHICH THE PUBLIC SERVANT IS AN OFFICER, DIRECTOR, TRUSTEE, PARTNER, OR EMPLOYEE, OR IN WHICH THE PUBLIC SERVANT HAS A SUBSTANTIAL ECONOMIC INTEREST.
SHALL NOT ONE RECEIVE OR AGREE TO RECEIVE ANYTHING OF ECONOMIC VALUE FOR ASSISTING A PERSON IN A TRANSACTION TWO OR IN AN APPEARANCE IN CONNECTION WITH A TRANSACTION WITH THE AGENCY OF SUCH PUBLIC SERVANT PROHIBITIONS ON INCOME, GIVER OF ILLEGAL PAYMENTS.
THE CODE NOT ONLY REGULATES A PUBLIC SERVANT'S RECEIPT OF PROHIBITED PAYMENTS AND GIFTS, BUT IT ALSO GIVES AUTHORITY TO THE BOARD TO ENFORCE THE CODE AGAINST GIVERS OF ANY ILLEGAL PAYMENTS.
A PUBLIC SERVANT MAY NOT SOLICIT OR ACCEPT ANYTHING OF ECONOMIC VALUE AS A GIFT OR GRATUITY FROM ANY PERSON OR FROM ANY OFFICER, DIRECTOR, AGENT OR EMPLOYEE OF SUCH PERSON WHO IS CONSIDERED A PROHIBITED SOURCE.
THE GIFT RULE, THE CODE HAS SOME EXCEPTIONS TO THE GIFT RULE, BUT DETERMINING WHAT IS OR WHAT IS NOT CONSIDERED A GIFT MAY NOT ALWAYS BE AS EASY AS IT SEEMS. PROMOTIONAL ITEMS. PROMOTIONAL ITEMS ARE SUCH AN EXCEPTION.
PROMOTIONAL ITEMS ARE OBJECTS THAT BUSINESSES GIVE AWAY TO PROMOTE THEIR SERVICES ARE PRODUCTS.
PROMOTIONAL ITEMS MUST DISPLAY THE COMPANY LOGO AND PROMOTIONAL ITEMS MUST HAVE NO SUBSTANTIAL RESALE VALUE.
WHICH OF THE FOLLOWING ITEMS WOULD NOT BE CONSIDERED A PROMOTIONAL ITEM? A.
A COFFEE MUG WITH THE VENDOR'S NAME ON IT.
A LAPTOP WITH THE VENDOR'S LOGO ON IT.
CA PIN WITH THE VENDOR'S NAME ON IT.
A TOTE WITH THE VENDOR'S NAME ON IT, CORRECT.
THE ONLY ITEM THAT WOULD NOT BE CONSIDERED A PROMOTIONAL ITEM WOULD BE THE LAPTOP OF THE LOGO ON IT DUE TO ITS RESALE VALUE.
MARTHA IS AN INSTRUCTOR AT THE STATE COMMUNITY COLLEGE.
ONE OF HER STUDENTS GIVES HER A $90 BOTTLE OF PERFUME AS AN EARLY HOLIDAY GIFT THE WEEK BEFORE FINALS BEGINS.
WOULD ACCEPTING THIS GIFT BE A VIOLATION OF THE CODE? THE CODE OF ETHICS PROHIBITS A PUBLIC SERVANT RECEIVING SOMETHING OF ECONOMIC VALUE OUTSIDE OF THEIR SALARY.
IT WOULD BE A VIOLATION OF THE CODE FOR MARTHA TO ACCEPT THAT GIFT.
LOUISIANA REVISED STATUTE 42, 11 23 SECTION 26 B.
PUBLIC SERVANTS EMPLOYED BY A PRE-KINDERGARTEN, ELEMENTARY, OR SECONDARY SCHOOL MAY ACCEPT GIFTS FROM OR ON BEHALF OF A STUDENT OR FORMER STUDENT.
GIFTS MAY NOT EXCEED $25 PER STUDENT PER GIFT.
ONE STUDENT MAY NOT GIVE MORE THAN $75 IN A CALENDAR YEAR.
THIS EXCEPTION DOES NOT APPLY TO HIGHER EDUCATION EMPLOYEES.
BARBARA, A DEDICATED ENGLISH TEACHER, HAS A GREAT RAPPORT WITH HER HIGH SCHOOL STUDENTS AT THE END OF EACH YEAR.
EACH OF HER STUDENTS GIVES HER A $25 GIFT CARD TO A POPULAR BOOKSTORE.
SHE ENDED UP WITH A TOTAL OF $2,000 WORTH OF GIFT CARDS.
BARBARA WAS GRATEFUL FOR THE GENEROSITY, BUT SHE'S ALSO CONCERNED THAT SHE MIGHT NOT BE ALLOWED TO ACCEPT THEM.
IS IT AN ETHICS VIOLATION FOR BARBARA TO ACCEPT THE GIFT CARDS? A, YES.
C, NOT IF SHE SHARES THEM WITH HER DEPARTMENT.
NOT IF SHE BUYS BOOKS TO USE IN THE CLASSROOM.
THE TEACHER EXCEPTION ALLOWS FOR TEACHERS TO RECEIVE GIFTS FROM INDIVIDUAL
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STUDENTS IN THAT AMOUNT WHILE PUBLIC SERVANTS ARE PROHIBITED FROM RECEIVING GIFTS.THERE IS AN EXCEPTION FOR FOOD AND DRINK, FOR THE EXCEPTION TO APPLY THE FOOD AND DRINK MUST BE CONSUMED IN THE PRESENCE OF THE GIVER OR THE REPRESENTATIVE OF THE PROVIDING COMPANY ORGANIZATION.
WHAT IF YOU WERE INVITED TO DINNER? THE CODE PROVIDES AN EXCEPTION THAT THE VALUE OF THE FOOD AND DRINK SHALL NOT EXCEED $81 PER EVENT.
THIS DOES NOT INCLUDE TAX OR GRATUITY.
AN EVENT IS A SINGLE ACTIVITY OCCASION, RECEPTION MEAL, OR MEETING AT A GIVEN PLACE IN TIME.
BREAKFAST, LUNCH, AND DINNER COULD ALL BE CONSIDERED SEPARATE EVENTS AND THERE WAS NO SET TIME THAT EVENT MUST TAKE PLACE.
ACT 3 0 1 OF THE 2025 LEGISLATIVE SESSION CREATED AN EXCEPTION TO ALLOW A PUBLIC SERVANT TO ACCEPT SEASONAL OR HOLIDAY FOODS AND NON-ALCOHOLIC BEVERAGES THAT COMMEMORATE A RELIGIOUS OR STATE HOLIDAY.
THAT VALUE LIKEWISE CANNOT EXCEED $81 PER HOLIDAY.
REASONABLE TRANSPORTATION AND ENTERTAINMENT THAT IS INCIDENTAL TO THE FOOD AND DRINK MAY BE RECEIVED.
GIFT CARDS AND GIFT CERTIFICATES FOR FOOD OR DRINK ARE NOT PART OF THE FOOD AND DRINK EXCEPTION.
MR. TALLEY IS A LOCAL BUSINESS OWNER IN RIVER RUN PARISH.
HE HAS A CONTRACT WITH RIVER RUN PARISH SCHOOL BOARD TO FIX ALL OF THE PRINTERS IN THE SCHOOL'S DISTRICT.
HIS CONTRACT IS ENDING SOON AND WILL BE UP FOR BID.
MR. TALLEY HAD LUNCH DELIVERED TO THE SCHOOL BOARD OFFICE FOR SEVERAL MEMBERS OF THE SCHOOL BOARD TO ENJOY WITH A CARD THANKING THEM FOR THEIR BUSINESS.
WHAT SHOULD THE SCHOOL BOARD MEMBERS DO WITH THE LUNCH? A, EAT IT.
IT IS LUNCHTIME AND THEY ARE VERY HUNGRY.
B, SHARE IT WITH EVERYONE IN THE OFFICE.
TELL HIM THAT THEY CANNOT RECEIVE THE FOOD.
SINCE THE FOOD CANNOT BE RETURNED, THE SCHOOL BOARD MAY DONATE THE FOOD TO A LOCAL SHELTER AND CALLED MR. TALLEY AND TELL HIM THEY CANNOT RECEIVE THE FOOD.
SINCE HE IS A VENDOR OF THEIRS AND HE WAS NOT PRESENT FOR THE LUNCH.
COMPLIMENTARY ADMISSIONS, A PUBLIC SERVANT MAY RECEIVE COMPLIMENTARY ADMISSION TO A CIVIC, NONPROFIT, EDUCATIONAL, OR POLITICAL EVENT.
WHEN THE PUBLIC SERVANT IS A PROGRAM HONOREE GIVING A SPEECH OR A PANEL MEMBER FOR DISCUSSION PURPOSES, A PUBLIC SERVANT MAY ALSO RECEIVE COMPLIMENTARY ADMISSION TO OR FOR A FUNDRAISING EVENT HELD BY OR FOR THE BENEFIT OF AN EDUCATIONAL INSTITUTION OR FOR OR BY A NONPROFIT ORGANIZATION THAT CONDUCTS EDUCATIONAL PROGRAMS. ADMISSION TO PROFESSIONAL, SEMI-PROFESSIONAL OR COLLEGIATE SPORTING EVENTS ARE EXCLUDED FROM THE COMPLEMENTARY ADMISSIONS EXCEPTION.
THE TRAVEL EXCEPTION LODGING AND TRANSPORTATION IS ACCEPTABLE.
IF YOUR AGENCY HEAD APPROVES YOUR TRAVEL PRIOR TO ATTENDANCE AND CERTIFIES THAT THE TRAVEL IS EITHER A, A DIRECT BENEFIT TO THE AGENCY OR B, WILL ENHANCE THE KNOWLEDGE OR SKILL OF THE PUBLIC SERVANT'S DUTIES.
PUBLIC SERVANTS MUST FILE A DISCLOSURE FORM, INCLUDING THE AGENCY HEAD CERTIFICATION WITHIN 60 DAYS OF ACCEPTANCE.
YOU MUST INCLUDE YOUR NAME, WHO HOSTED, AND THE AMOUNT EXPENDED ON YOUR BEHALF.
PUBLIC SERVANTS DO NOT NEED TO FILE A DISCLOSURE STATEMENT.
IF THEIR AGENCY PAYS FOR THEIR ADMISSION, LODGING, AND TRANSPORTATION, AN AGENCY HEAD MAY SIGN THEIR OWN FORM.
IF NO OTHER APPROVER IS AVAILABLE, PROHIBITED TRANSACTIONS, THE FOLLOWING PERSONS MAY NOT BID ON OR ENTER INTO ANY CONTRACT.
OTHER TRANSACTIONS UNDER THE SUPERVISION OR JURISDICTION OF THE PUBLIC SERVANT'S AGENCY, THE PUBLIC SERVANT, THE PUBLIC SERVANT'S, IMMEDIATE FAMILY MEMBERS, OR A LEGAL ENTITY IN WHICH THE PUBLIC SERVANT OR THE IMMEDIATE FAMILY MEMBER OWN MORE THAN 25%.
THIS PROVISION DOES NOT PROHIBIT A PUBLIC SERVANT FROM RECEIVING BASIC GOVERNMENTAL SERVICES OR REGULATIONS APPLICABLE TO MEMBERS OF THE GENERAL PUBLIC.
GREG IS AN EMPLOYEE WITH THE DEPARTMENT OF WILDLIFE AND FISHERIES.
HIS WIFE OWNS A LOCAL PRINTING BUSINESS.
GREG'S AGENCY PUT OUT AN RFP FOR A PRINTING SERVICE FOR THEIR PROMOTIONAL MATERIALS.
GREG'S WIFE SUBMITTED A STRONG PROPOSAL AND STUDIED GOOD CHANCE OF BEING SELECTED IF SHE WERE TO BE SELECTED BY HIS AGENCY.
WOULD THIS BE A VIOLATION OF THE ETHICS CODE? ACCORDING TO LOUISIANA REVISED STATUTE 42 11 13 A, A PUBLIC SERVANT OR A MEMBER OF SUCH A PUBLIC SERVANT'S, IMMEDIATE FAMILY OR LEGAL ENTITY IN WHICH HE HAS A CONTROLLING INTEREST SHALL BID ON OR ENTER INTO ANY CONTRACT, SUBCONTRACT, OR OTHER TRANSACTION THAT IS UNDER THE SUPERVISION OR JURISDICTION
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OF THE AGENCY OF SUCH PUBLIC SERVANT LOUISIANA.REVISED STATUTE 42 11 0 2 13 DEFINES IMMEDIATE FAMILY MEMBERS TO INCLUDE A PUBLIC SERVING SPOUSE, LOUISIANA REVISED STATUTE 42 11 0 2 8 DEFINES CONTROLLING INTEREST TO MEAN ANY OWNERSHIP IN ANY LEGAL ENTITY OR BENEFICIAL INTEREST IN A TRUST HELD BY OR ON BEHALF OF AN INDIVIDUAL OR A MEMBER OF ITS IMMEDIATE FAMILY, EITHER INDIVIDUALLY OR COLLECTIVELY, WHICH EXCEEDS 25% OF THAT LEGAL ENTITY.
THEREFORE, SO LONG AS GREG IS EMPLOYED WITH THE AGENCY, SECTION 1113 A WOULD PROHIBIT HIS WIFE'S PRINTING BUSINESS FROM CONTRACTING WITH OR PROVIDING COMPENSATED SERVICES TO THE DEPARTMENT OF WILDLIFE AND FISHERIES.
PROHIBITED TRANSACTIONS OF BOARDS AND COMMISSIONS APPOINTED BOARD AND COMMISSION MEMBERS AND THEIR IMMEDIATE FAMILY MEMBERS HAVE ADDITIONAL RESTRICTIONS IN THAT NEITHER THEY NOR THEIR COMPANY, EVEN IF THEY OWN LESS THAN 25% OF THAT COMPANY MAY HAVE A SUBSTANTIAL ECONOMIC INTEREST IN A TRANSACTION WITH THAT BOARD OR COMMISSION.
PARTICIPATION SECTION 1112 STATES THAT PUBLIC SERVANTS MAY NOT PARTICIPATE IN A TRANSACTION IN WHICH THEY HAVE A PERSONAL SUBSTANTIAL ECONOMIC INTEREST.
COMPLICATIONS OF PARTICIPATION SECTION 42 11 12.
TO PARTICIPATE MEANS TO TAKE PART IN, HAVE OR SHARE RESPONSIBILITY FOR AN ACTION OF THE GOVERNMENTAL ENTITY THROUGH APPROVAL, DISAPPROVAL, DECISION, RECOMMENDATION, RENDERING OF ADVICE, INVESTIGATION, FAILURE TO ACT OR TO PERFORM A DUTY IF ANY OF THE FOLLOWING PEOPLE HAVE A SUBSTANTIAL ECONOMIC INTEREST IN A TRANSACTION INVOLVING THE PUBLIC SERVANT'S AGENCY, THE PUBLIC SERVANT MAY NOT PARTICIPATE IN THE TRANSACTION.
A MEMBER OF THE PUBLIC SERVANT'S IMMEDIATE FAMILY, A LEGAL ENTITY IN WHICH HE OR SHE HAS A SUBSTANTIAL ECONOMIC INTEREST, ANY ENTITY OF WHICH THE PUBLIC SERVANT IS AN OFFICER, DIRECTOR, TRUSTEE, PARTNER, OR EMPLOYEE.
AVOIDING PARTICIPATION, PUBLIC EMPLOYEES MAY DISQUALIFY THEMSELVES TO AVOID PARTICIPATION PROBLEMS. THIS IS KNOWN AS A DISQUALIFICATION PLAN.
YOU SHOULD CONTACT YOUR SUPERVISOR TO SET UP A DISQUALIFICATION PLAN IN WHICH ANOTHER PERSON WITHOUT PARTICIPATION ISSUES CAN PERFORM THE ACTUAL SERVICES NECESSARY FOR THAT TRANSACTION.
APPOINTED MEMBERS OF BOARDS AND COMMISSIONS MUST RECUSE THEMSELVES TO AVOID SECTION 1112 CONFLICTS AND MAY NOT PARTICIPATE IN THE DEBATE OR DISCUSSIONS OR VOTE ON THE MATTER.
ELECTED OFFICIALS MAY NOT VOTE ON THE MATTER.
HOWEVER, THEY CAN PARTICIPATE IN THE DISCUSSION OR DEBATE ON THE MATTER AS LONG AS THEY DISCLOSE ON THE RECORD THEIR POTENTIAL CONFLICT OF INTEREST.
JOHN, A PROCUREMENT ADMINISTRATOR FOR THE PUBLIC LIBRARY HAS AN APPROVED OUTSIDE JOB WORKING IN THE OFFICE FURNITURE STORE.
THE LIBRARY IS PLANNING TO RENOVATE AND SOLICIT BIDS FOR A HUNDRED THOUSAND DOLLARS FURNITURE PURCHASE.
MAY JOHN'S OUTSIDE EMPLOYER SUBMIT A BID A, YES.
ONLY IF JOHN DOESN'T EARN A COMMISSION.
D ONLY IF IT'S A ONE-TIME CONTRACT, CORRECT.
JOHN'S OUTSIDE EMPLOYER MAY NOT SUBMIT A BID BECAUSE IT WILL AFFECT THE FINANCIAL INTERESTS OF HIS OUTSIDE EMPLOYER ALSO.
11 C TWO A PROHIBITS JOHN FROM WORKING FOR THIS COMPANY.
IF IT SUBMITS A BID DISCLOSURE FOR PUBLIC SERVANTS, SECTION 1114 REASONS A PUBLIC SERVANT MAY NEED TO SUBMIT DISCLOSURE FORM 4 0 5 1.
A PERSON MAY HAVE ENTERED INTO A CONTRACT WITH AN AGENCY BEFORE BECOMING A PUBLIC SERVANT WITH THAT AGENCY.
A PUBLIC SERVANT MAY OWN AN INTEREST OF 25% OR LESS IN A LEGAL ENTITY THAT HAS ENTERED INTO A TRANSACTION WITH HIS AGENCY, PUBLIC SERVANTS OR THEIR IMMEDIATE FAMILY MEMBERS WHO RECEIVE ANYTHING OF ECONOMIC VALUE FROM THE FOLLOWING.
PEOPLE MUST DISCLOSE THE INCOME TO THE BOARD OF ETHICS.
NEPOTISM IS EMPLOYING AN IMMEDIATE FAMILY MEMBER FOR THE PURPOSES OF THE CODE.
A NEPOTISM VIOLATION OCCURS WHEN AN AGENCY HEAD HIRES AN IMMEDIATE FAMILY MEMBER.
IF A PUBLIC EMPLOYEE HAS BEEN WORKING FOR AN AGENCY
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FOR AT LEAST A YEAR AND THEN AN IMMEDIATE FAMILY MEMBER OF THAT PUBLIC EMPLOYEE BECOMES THE AGENCY HEAD, THE PUBLIC EMPLOYEE MAY REMAIN EMPLOYED BY THAT AGENCY.THE NEPOTISM PROVISIONS PERSONS HELD LIABLE FOR WILLFUL VIOLATIONS OF THE NEPOTISM PROVISIONS.
THE AGENCY HEAD, THE MEMBER OF THE GOVERNING AUTHORITY, THE PERSON HAVING THE AUTHORITY TO HIRE AND FIRE THE IMMEDIATE SUPERVISOR AND THE FAMILY MEMBERS INVOLVED.
MARY IS THE DIRECTOR OF PUBLIC WORKS FOR THE CITY GOVERNMENT.
THERE IS AN OPENING FOR AN ASSISTANT DIRECTOR IN HER OFFICE.
SEVERAL APPLICANTS HAVE APPLIED.
HOWEVER, JENNIFER, THE SISTER OF MARY'S HUSBAND, IS THE MOST QUALIFIED FOR THE POSITION.
WOULD IT BE A VIOLATION OF THE CODE FOR HER TO HIRE JENNIFER A? THE TWO ARE RELATED SO IT WOULD BE A VIOLATION OF THE CODE.
IT IS NOT A VIOLATION IF SHE IS NOT JENNIFER'S DIRECT SUPERVISOR.
IT WOULD NOT BE A VIOLATION OF THE CODE TO HIRE HER HUSBAND'S SISTER.
SINCE THE DEFINITION OF IMMEDIATE FAMILY SPECIFICALLY INCLUDES SPOUSES OF SIBLINGS, BUT NOT THE SIBLINGS OF SPOUSES, JENNIFER IS NOT CONSIDERED TO BE A MEMBER OF MARY'S IMMEDIATE FAMILY BY THE CODE OF ETHICS ABUSE OF OFFICE.
A PUBLIC SERVANT MUST NOT DO EITHER OF THE FOLLOWING.
ONE, THEY MUST NOT USE HIS OR HER OFFICE OR POSITION DIRECTLY OR INDIRECTLY TO COMPEL OR COERCE ANYONE TO PROVIDE ANYTHING OF ECONOMIC VALUE TO THEMSELVES OR TO ANYONE ELSE.
ALSO, A PUBLIC SERVANT MUST NOT USE HIS OR HER OFFICE OR POSITION DIRECTLY OR INDIRECTLY TO COMPEL OR COERCE ANYONE TO SUPPORT OR OPPOSE A CANDIDATE.
POST-EMPLOYMENT RESTRICTIONS FOR PUBLIC SERVANTS, FORMER AGENCY HEADS AND ELECTED OFFICIALS MUST NOT FOR A PERIOD OF TWO YEARS FOLLOWING THE TERMINATION OF THEIR PUBLIC SERVICE, DO ANY OF THE FOLLOWING.
THEY MUST NOT ASSIST ANOTHER PERSON FOR COMPENSATION IN A TRANSACTION OR IN AN APPEARANCE IN CONNECTION WITH THE TRANSACTION INVOLVING THEIR FORMER AGENCY.
THEY MUST NOT RENDER ANY SERVICE ON A CONTRACTUAL BASIS TO OR FOR THEIR FORMER AGENCY.
FINANCIAL DISCLOSURES FOR ELECTED OFFICIALS AND MEMBERS OF BOARDS AND COMMISSIONS, ALL ELECTED OFFICIALS, AS WELL AS CERTAIN MEMBERS OF BOARDS AND COMMISSIONS, MUST FILE A PERSONAL FINANCIAL DISCLOSURE STATEMENT WITH THE BOARD OF ETHICS BY MAY 15TH OF EACH YEAR.
THOSE STATEMENTS SHOULD COVER THE PREVIOUS CALENDAR YEAR.
CANDIDATES MUST ALSO SUBMIT A PERSONAL FINANCIAL DISCLOSURE STATEMENT TO THE BOARD.
WITHIN THREE DAYS OF QUALIFYING, THEY WILL RECEIVE THEIR FORMS UPON QUALIFYING.
THERE ARE FOUR TIERS OF PERSONAL FINANCIAL DISCLOSURE FORMS, TIER 1, 2, 2, 0.1, AND THREE.
EACH OFFICIAL SHOULD FILE ONLY ONE STATEMENT ANNUALLY.
REGARDLESS OF THE NUMBER OF POSITIONS THAT THE OFFICIAL HOLDS.
TIER ONE STATEWIDE ELECTED OFFICIALS, SECRETARIES OF CERTAIN STATE DEPARTMENTS AND DESIGNATED MEMBERS OF THE OFFICE OF THE GOVERNOR MUST FILE TIER ONE PERSONAL FINANCIAL DISCLOSURE STATEMENTS.
TIER TWO, ALL STATE LEGISLATORS, CERTAIN STATE BOARDS AND ALL ELECTED OFFICIALS WHO REPRESENT A VOTING DISTRICT WITH A POPULATION OF 5,000 OR MORE MUST FILE A TIER TWO PERSONAL FINANCIAL DISCLOSURE.
STATE TIER 2.1, EACH MEMBER AND ANY DESIGNEE OF A MEMBER OF A BOARD OR COMMISSION THAT HAS THE AUTHORITY TO EXPEND, DISPERSE, OR INVEST $10,000 OR MORE OF FUNDS IN A FISCAL YEAR MUST FILE TIER 2.1.
PERSONAL FINANCIAL DISCLOSURE STATEMENTS.
TIER THREE, ALL ELECTED OFFICIALS WHO REPRESENT A VOTING DISTRICT WITH A POPULATION OF LESS THAN 5,000 AS WELL AS CHARTER SCHOOL BOARD MEMBERS MUST FILE TIER THREE PERSONAL FINANCIAL DISCLOSURE STATEMENTS, THE MAIN PROVISIONS OF THE LOUISIANA CODE OF GOVERNMENTAL ETHICS.
A QUICK LOOK AT HOW THE BOARD OF ETHICS ENFORCES THE CODE.
WHO IS THE BOARD? A GROUP OF MEN AND WOMEN WHO ADMINISTER AND ENFORCE LOUISIANA'S CODE OF GOVERNMENTAL ETHICS.
THE BOARD INVESTIGATES POSSIBLE VIOLATIONS OF THE CODE AND OTHER LAWS UNDER ITS REVIEW BY ELECTED OFFICIALS, PUBLIC EMPLOYEES, LOBBYISTS, AND PEOPLE WHO FINANCE CAMPAIGNS.
THEY ALSO GIVE ADVISORY OPINIONS ABOUT FUTURE ACTIONS THAT MAY VIOLATE THE CODE.
AS PUBLIC SERVANTS, WE MAY WANT TO DO THE RIGHT THING.
HOWEVER, WE MAY NOT KNOW WHAT THE CODE OF GOVERNMENTAL ETHICS CONSIDERS TO BE THE RIGHT THING.
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IF YOU HAVE A SPECIFIC FUTURE SITUATION THAT YOU ARE UNSURE WOULD BE ACCEPTABLE UNDER THE CODE, YOU MAY CONTACT THE BOARD AND REQUEST AN ADVISORY OPINION.ALSO, YOU CAN CALL OUR OFFICE AND ASK TO SPEAK WITH A STAFF ATTORNEY TO INFORMALLY DISCUSS YOUR QUESTION.
IT IS ALWAYS A GOOD RULE OF THUMB.
IF YOU THINK AN EXCEPTION APPLIES TO YOUR SITUATION TO ASK FOR AN ADVISORY OPINION BEFORE TAKING ANY ACTION.
ALMOST ANYONE MAY REPORT A POSSIBLE VIOLATION TO THE BOARD OF ETHICS.
IF THE REPORT INDICATES SOMEONE MAY HAVE BROKEN THE RULES, THE BOARD OF ETHICS MAY INVESTIGATE.
YOU MAY SEND THE BOARD OF ETHICS A WRITTEN REQUEST FOR AN ADVISORY OPINION AS TO SOME FUTURE ACTION YOU ARE CONSIDERING OR SUBMIT A WRITTEN COMPLAINT ABOUT A POSSIBLE VIOLATION BY A PUBLIC SERVANT TO THE FOLLOWING MAILING ADDRESS.
PO BOX 4 3 6 8 BATON ROUGE, LOUISIANA 7 0 8 2 1.
THE BOARD MEETS MONTHLY AND THEY GENERALLY MEET ON THE FIRST THURSDAY AND FRIDAY OF THE MONTH.
THURSDAY SESSIONS ARE CLOSED TO THE PUBLIC FOR THE MOST PART, AS THE BOARD TYPICALLY HANDLES MOST OF ITS EXECUTIVE MATTERS AT THAT TIME.
FRIDAY SESSIONS ARE OPEN TO THE PUBLIC DURING ITS GENERAL SESSION.
THE BOARD RENDERS DECISIONS OR ADVISORY OPINIONS AND CONSIDERS WAIVER REQUESTS RELATED TO LATE FILINGS OF CAMPAIGN FINANCE, LOBBYING, AND OTHER PUBLIC DISCLOSURES.
STARTING JANUARY 1ST, 2026 BOARD MEETINGS WILL BE STREAMED ONLINE EACH MONTH.
REQUEST FOR AN ADVISORY OPINION MUST BE IN WRITING AND SIGNED BY THE PERSON REQUESTING THE OPINION MUST BE SUBMITTED PRIOR TO TAKING ANY ACTION.
ARE PUBLIC RECORDS REQUEST FOR ADVISORY OPINIONS ARE PUBLIC AND SHOULD BE SUBMITTED PRIOR TO TAKING THE PROPOSED ACTION.
THE BOARD SHALL NOT RENDER ADVISORY OPINIONS OR PAST ACTIONS COMPLAINTS TO THE BOARD.
THE ENFORCEMENT PROCESS BEGINS WITH A FILED COMPLAINT.
COMPLAINTS TO THE BOARD MAY BE FILED BY ANY INDIVIDUAL 18 OR OLDER, WHO IS QUALIFIED TO VOTE, MAY BE SWORN OR NON-SWORN, MUST BE WRITTEN AND SIGNED.
THE ISSUE MUST HAVE OCCURRED WITHIN THE LAST FOUR YEARS.
A CONFIDENTIAL INVESTIGATION IS THEN CONDUCTED.
IF RESULTS OF THE INVESTIGATION SUGGESTS THAT THE CODE HAS BEEN VIOLATED, THE BOARD CAN PURSUE ENFORCEMENT ACTION.
THE COMPLAINANT IS NOTIFIED OF THE FINAL DISPOSITION OF THE MATTER.
IF THE BOARD REFERS A PERSON TO INVESTIGATION, THE PERSON IS GIVEN A COPY OF THE COMPLAINT WITH THE NAME AND ADDRESS OF THE COMPLAINANT REMOVED.
ALSO, AGENCY HEADS ARE REQUIRED BY LAW TO REPORT ANY POTENTIAL ETHICS VIOLATIONS WITHIN THEIR AGENCY.
WHISTLEBLOWER STATUTE SECTION 1169.
THIS STATUTE PROTECTS ANY PUBLIC EMPLOYEE WHO REPORTS INFORMATION THAT THEY REASONABLY BELIEVE TO BE A VIOLATION OF LAW FROM DISCIPLINE, REPRISAL, OR THREATS OF SUCH.
FOR REPORTING ACTS OF ALLEGED IMPROPRIETY, PERSONS WRONGFULLY SUSPENDED, DEMOTED, OR DISMISSED MAY BE REINSTATED TO THEIR POSITION AND OR ENTITLED TO LOST INCOME.
EACH AGENCY HEAD SHOULD ENSURE THAT A NOTICE CONTAINING THE INFORMATION REGARDING THE RIGHTS OF EMPLOYEES UNDER SECTION 1169 IS POSTED IN PLAIN LANGUAGE IN A CONVENIENT AND CONSPICUOUS PLACE IN EACH BUILDING WHERE MORE THAN 10 EMPLOYEES ARE EMPLOYED.
ETHICS CODE REVIEW PROHIBITIONS ON INCOME AND GIFTS, PROHIBITIONS ON TRANSACTIONS WITH ONE'S AGENCY, NEPOTISM ISSUES, PARTICIPATION ISSUES, RECUSAL OR DISQUALIFICATION TO AVOID PARTICIPATION ISSUES, POST-EMPLOYMENT RESTRICTIONS FOR TWO YEARS AFTER LEAVING PUBLIC SERVICE.
A GREAT DEAL OF INFORMATION CAN BE ACCESSED ON THE BOARD WEBSITE.
THE WEBSITE PROVIDES HELPFUL ANSWER TO COMMON QUESTIONS SUCH AS HOW TO ASK FOR THE ADVISORY OPINION AND HOW TO FILE A COMPLAINT WITH THE ETHICS BOARD.
NEED FURTHER ASSISTANCE OR INFORMATION? PLEASE FEEL FREE TO CONTACT OUR OFFICE AT 1 808 4 2 6 6 3 0 FROM EIGHT O'CLOCK IN THE MORNING TO 4:45 PM MONDAY THROUGH FRIDAY.
THANK YOU FOR YOUR TIME AND ATTENTION TODAY, AND THANK YOU FOR YOUR SERVICE TO STATE OF LOUISIANA.
[02:25:10]
DOES ANYBODY HAVESO WHAT I'M GONNA DO YOU TO COME TO ME AT END, BE LIKE THERE'S HELP OUT THAT THANK Y'ALL.
UM, THERE ARE, UH, EXTRAS OF THE HANDOUTS FROM TODAY OVER HERE.
IF ANYBODY DIDN'T GET ONE, THERE'S ALSO A STACK OF MY BUSINESS CARDS.
IF YOU'D LIKE TO TAKE ONE, FEEL FREE TO CALL ME OR EMAIL ME.
UM, AND I APPRECIATE EACH OF Y'ALL BEING HERE.
THANK YOU AGAIN FOR YOUR SERVICE TO THE CITY PARISH.