Program Authorization: R.S. 42:1101 et seq. (Code of Governmental Ethics); R.S. 18:1481 et seq. (Campaign Finance Disclosure Act); R.S. 18:41 et seq. (Campaign Finance Disclosure Act); R.S. 24:50 et seq. (Lobbyist Registration and Disclosure Act)

PROGRAM DESCRIPTION

The mission of the Administration Program is to administer and to enforce Louisiana's conflicts of interest legislation, campaign finance registration and reporting requirements, and lobbyist registration and disclosure laws to achieve compliance by governmental officials, public employees, candidates, and lobbyists; and to provide public access to disclosed information.

The goals of the Administration Program are:

1. Improve the level of education and awareness by public servants in order to ensure compliance with conflicts of interest standards, campaign finance disclosure requirements and lobbyist registration and disclosure requirements.
2. Improve the efficiency of the staff in handling matters to be presented to the board in a timely manner.
3. Enhance timely public access to disclosed information.
4. Ensure that elected officials respect the laws they are to uphold and are persons of integrity, sound judgment, reliability, and seriousness of purpose by detecting and deterring drug abuse.

The Administration Program provides staff support to the Board of Ethics. This includes clerical, budget, administrative, personnel, legal, educational, training, data processing, and technical support with respect to: (1) implementing a broad-based information distribution and education program; (2) rendering advisory opinions; (3) conducting field investigations and preparing investigation reports; (4) conducting public hearings; (5) defending the Board of Ethics in litigation at all state and federal levels; (6) developing, publishing, and distributing forms and information material and booklets to candidates, political committees, lobbyists, and other persons required to comport with the provision of the Campaign Finance Disclosure Act (CFDA) and Lobbyist Registration and Disclosure Act (LRDA); (7) receiving, copying, indexing, recording, and monitoring disclosure reports and related forms and materials; (8) receiving electronically filed disclosure reports through Internet or diskette; receiving, logging, indexing, and scanning all disclosure reports for Internet access; (9) auditing and related compliance examination of CFDA and LRDA reports as well as other disclosure reports filed; )10) developing and administering both adjudication and litigation procedures for redressing violations and otherwise ensuring compliance with CFDA and LRDA requirements; (11) administering the random drug testing of elected officials according to the rules adopted by the Board of Ethics; and (12) providing training and educational services to the elected officials, public employees, and the general public on the provisions of the laws administered by the Board of Ethics.

• Ethics Activity: The primary statutory responsibility of the Board of Ethics and, therefore, of the Administration Program is to administer and enforce Louisiana's conflicts of interest legislation. Louisiana has the nation's oldest, most comprehensive and far-reaching code of conflicts of interest standards. Louisiana's Ethics Code has been used as a model by more than 30 other jurisdictions and by the United States government. The Board of Ethics is responsible for rendering advisory opinions, receiving and investigating complaints, conducting public hearings, and imposing such remedial and disciplinary actions as may be necessary under the circumstances as otherwise permitted by law.

• Campaign Finance Disclosure Activity: The Board of Ethics serves as the Supervisory Committee for the Campaign Finance Disclosure Act (CFDA) and is responsible for administering the CFDA. Louisiana has a broad and comprehensive program requiring candidates for election to public office and political committees to periodically file campaign finance disclosure reports. The Board of Ethics is also charged with regulating the amount of contributions that may be received by candidates and committees as well as various other campaign finance activities. The Administration Program notifies candidates and committees of their reporting requirements and provides disclosure and reporting forms. Through comprehensive audits of disclosure reports, the Administration Program monitors candidate compliance when required reports are not timely or accurately filed and institutes appropriate enforcement proceedings. The Administration Program has authority to automatically assess late fees for reports that are not timely filed. (Automatic late fees are assessed, collected, and deposited into the State Treasury, along with fines for violations of the Code of Government Ethics. In FY 1997-98, $141,979 was deposited into the General Fund.) Other noncompliance issues are addressed through judicial enforcement. The Administration program is responsible for maintaining the campaign finance disclosure reports that are filed with the Board of Ethics, and the reports are numbered and indexed on a daily basis. The Administration Program provides access to the disclosure reports and provides copies of requested disclosure reports. The program has upgraded its technological capability to achieve Internet access of scanned and electronically filed reports. The Board of Ethics is responsible also for the administration of Section 1124 of the Code of Governmental Ethics, which requires that the governor and gubernatorial candidates and members of the Gaming Control Board file financial disclosure reports with the Board of Ethics on forms prescribed by the board and processed by Administration Program staff. The Administration Program has developed electronic filing capabilities and Internet access for the filing for such disclosure reports.

• Louisiana Elections Integrity Act Activity: The Board of Ethics is responsible for the administration and enforcement of the Louisiana Elections Integrity Act, which provides for the management of complaints with respect to certain Louisiana elections. The Administration Program provides staff support to the board as the administrator of the Louisiana Elections Integrity Program, conducts investigations and presents evidence to the board in the discharge of its responsibilities to conduct hearings. The board has statutory jurisdiction over elections in Louisiana for the offices of the governor, lieutenant governor, secretary of state, state treasurer, attorney general, commissioner of elections, commissioner of agriculture, commissioner of insurance, United States senator, United States congressman, public service commissioner, members of the State Board of Elementary and Secondary Education, and justices of the Louisiana Supreme Court.

• Lobbyist Registration and Disclosure Activity: The Board of Ethics is responsible for the interpretation, administration, and enforcement of the Louisiana Lobbyist Disclosure Act. The Administration Program is responsible for developing, publishing, and distributing reports and disclosure forms, auditing and compliance assurance measures, and instituting administrative and judicial remedial and disciplinary actions to redress statutory violations.

OBJECTIVES AND PERFORMANCE INDICATORS

Unless otherwise indicated, all objectives are to be accomplished during or by the end of FY 1999-2000. Performance indicators are made up of two parts: name and value. The indicator name describes what is being measured. The indicator value is the numeric value or level achieved within a given measurement period. For budgeting purposes, performance indicator values are shown for the prior fiscal year, the current fiscal year, and alternative funding scenarios (continuation budget level and Executive Budget recommendation level) for the ensuing fiscal year (the fiscal year of the budget document).

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded by State General Fund and Fees and Self-generated Revenue. The Fees and Self-generated Revenue are derived from filing fees for all political action committees authorized by R.S. 18:1505: funds collected for providing copies of Campaign Finance Disclosure reports, transcripts, etc.

ANALYSIS OF RECOMMENDATION

The total means of financing for this program is recommended at 103.0% of the existing operating budget. It represents 87.5% of the total request ($1,524,142) for this program. Significant adjustments include: increased funding for salaries and related benefits, increased funding for risk management premiums, increased acquisitions funding, annualization of computer maintenance expenses, increased funding for election expenses, and removal of nonrecurring carry forward of a professional services contract and computer equipment.

PROFESSIONAL SERVICES

OTHER CHARGES

ACQUISITIONS AND MAJOR REPAIRS

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