February 12, 2007
Roy D. Millbern, Jr.
Local Union No. 16 of the
International Union of Elevator Constructor
2540 Severn Avenue, Room 105
Metairie, LA 70002
Re: Ethics Board Docket No. 2007-021
Dear Mr. Millbern:
The Louisiana Board of Ethics, at its February 8, 2007 meeting, considered your request for an advisory opinion as to the propriety of the International Union of Elevator Constructor, #16 COPE Fund, which is a registered political committee dissolving and donating the remainder of its funds to the Local 16 Defense Fund, the Local 16 Convention Fund or the Local 16 General Fund.
Section 1505.2I of the Campaign Finance Disclosure Act (LSA-R.S. 18:1505.2I) provides that a political committee can expend funds related to a political campaign, the holding of a public office or party position, or the administrative costs or operating expenses of the political committee. Also, excess funds may be returned to contributors on a pro rata basis, given as a charitable contribution as provided in 26 USC 170(c), given to a charitable organization as defined in 26 USC 501(c)(3), or expended in support of or in opposition to a proposition, political party, or candidacy of any person. Therefore, if a contribution to the Local 16 Defense, Convention, or General Fund would constitute a charitable contribution as provided in 26 USC 170(c) or would be considered a contribution to a charitable organization as defined in 26 USC 501(c)(3), such would be permissible.
The Board issues no opinion as to laws other than the Louisiana Campaign Finance Disclosure Act. If you have any questions, please contact me at (225) 763-8777 or (800) 842-6630.
LOUISIANA BOARD OF ETHICS
Kathleen M. Allen
For the Board