DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
Public Safety Services
BOBBY JINDAL
GOVERNOR
H. BUTCH BROWNING
STATE FIRE MARSHAL
February 6, 2009
Fire Service Friends,
The information provided herein is offered for informational purposes only and does not
constitute legal advice or a legal opinion. The Louisiana State Fire Marshal’s Office strongly
recommends that each district or department seek the advice of its own legal counsel and/or
submit a request for an advisory opinion from the Board of Ethics. It is important to note that
the Board of Ethics has made rulings on this matter. See attached example.
Effective January 1, 2009 members of certain boards and commissions are required to
disclose specific financial information pursuant to Louisiana law. This information will be due
to the Board of Ethics by May 15, 2009. The documents for the completion of the disclosure
process will be available on the Board of Ethics website sometime in the 3 rd week of March
2009.
The particulars of this law are captured in Louisiana Revised Statute 42:1124.2.1. The
information presented below is a summary of the applicability of the law to members of certain
boards or commissions:
 Each of the following are required to file an annual financial statement:
1) Each member and any designee of a member of a board or commission that
has the authority to expend, disburse, or invest ten thousand dollars or more of
funds in a fiscal year.
2) Each member of the State Civil Service Commission.
3) Each member of the Board of Commissioners of the Louisiana Stadium and
Exposition District.
 Under this Section the term “Board or Commission” shall mean:
1) Each board, commission, and like entity created by law or executive order that
is made a part of the executive branch of state government by the provisions of
Title 36 of the Louisiana Revised Statutes of 1950, or that is placed in an
executive branch department or in the office of the governor or lieutenant
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February 6, 2009
Page 2
governor by law or executive order, or that exercises any authority or performs
any function of the executive branch of state government.
2) Each board, commission, and like entity created by the constitution, by law, by a
political subdivision, except as provided in Subparagraph (b) of this Paragraph,
or jointly by two or more political subdivisions as a governing authority of a
political subdivision of the state or of a local government.
 Under this Section the term “Board or Commission” shall not mean:
1) In regards to Parishes or their subdistricts:
 The governing authority of a parish
 Any board or commission or like entity that governs a political subdivision
created by a single parish governing authority of a parish with a
population of two hundred thousand or less, or any subdistrict of such a
political subdivision.
2) In regards to Municipalities:
 The governing authority of a municipality.
 Any board or commission or like entity that governs a political subdivision
created by a single municipal governing authority of a municipality with a
population of twenty-five thousand or less, or any subdistrict of such a
political subdivision.
3) In regards to private nonprofit corporations:
 A board of directors of a private nonprofit corporation that is not
specifically created by law.
As presented above, there are specific definitions and exceptions to the term “Board or
Commission”. Therefore, in order to determine whether fire protection board or commission
members are required to disclose financial information pursuant to Louisiana Revised Statute
42:1124.2.1 certain questions may assist in the determination:
1) Was the fire protection district created by state law or a local authority?
2) What is the population of the parish or municipality?
 For parishes, is the population less or greater than 200,000?
 For municipalities, is the population less or greater than 25,000?
3) Was the board or commission or like entity created by a single parish or
municipality governing authority or multiple parishes or muncipalities?
As each case is fact specific, it is possible that members within some districts may have to
disclose financial information to the Board of Ethics while others will not. Therefore, each
board or commission is strongly encouraged to seek out the advice of a legal expert and/or
request an advisory opinion from the Board of Ethics. As of this date, the Board of Ethics has
ruled on the financial disclosure legislation as it applies to various fire protection districts. In
the cases brought before the Ethics Board the members of the fire protection boards or
commissions were subject to the financial disclosure.
February 6, 2009
Page 3
Please see the attached documents for additional information
1. Tier 2.1 Board of Ethics Document
2. Example: Board of Ethics Advisory Opinion 2008-856
Sincerely,
H.”Butch” Browning
State Fire Marshal
HBB/sb