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2016-028
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Last modified
7/12/2021 11:17:10 AM
Creation date
3/21/2016 2:18:16 PM
Metadata
2016-028
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-028
Requesting Party
Aaron "Bo" Melvin
Parties Involved
Lafouche Parish Council
AFLAC
Lafouche Parish
Laris Insurance
Thibodaux Women's Clinic
Crown Pest Control
Decision Date
3/18/2016
Caption
Advisory opinion that a Lafourche Parish Councilman would not be prohibited by the Louisiana Code of Governmental Ethics from receiving renewal income from AFLAC, for insurance policies that he wrote for parish employees and employees of companies that do business with the Parish prior to taking office, as the premiums are processed through automatic payroll deductions and paid directly to AFLAC; however, the Code would prohibit him from writing new policies for the Parish employees or employees of a company that has a contractual or other business or financial relationship with the Parish.
Ethics Subject Matters
Boards and Commissions
Outside Employment
Payment from Third Parties
Prohibited Assistance
Prohibited Sources
Prohibited Transactions
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STATE OF LOUISIANA <br /> ... o►ij DEPARTMENT OF STATE CIVIL SERVICE <br /> ° S"9_ LOUISIANA BOARD OF ETHICS <br /> '" (; 1) <br /> P.O.BOX 4368 <br /> 4/1,, BATON ROUGE,LA 70821 <br /> .+ F (225)219-5600 <br /> • ,n•'P� FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> March 21, 2016 <br /> Aaron "Bo" Melvin <br /> 307 Killarney PI <br /> Thibodaux, LA 70301 <br /> Re: Ethics Board Docket No. 2016-028 <br /> Dear Mr. Melvin: <br /> The Louisiana Board of Ethics, at its March 18, 2016 meeting, considered your request <br /> for an advisory opinion regarding whether you, as a member of the Lafourche Parish <br /> Council, can receive renewal income from AFLAC for insurance policies that you wrote <br /> prior to taking office in January 2016. You stated that you are an independent insurance <br /> producer/agent appointed by AFLAC to write insurance policies on their behalf. <br /> However, you are not an employee of AFLAC. <br /> You explained that you assisted with the enrollment of Lafourche Parish employees in <br /> December 2013 and December 2014. You have also previously written policies for <br /> employees of companies that do business with Lafourche Parish, including Laris <br /> Insurance, Thibodaux Women's Clinic, and Crown Pest Control. The premiums are <br /> processed through automatic payroll deductions and paid directly to AFLAC. You <br /> further explained that once you have written an insurance policy, you receive renewal <br /> income from AFLAC as long as the policy remains in effect. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit you from receiving renewal income from AFLAC for insurance <br /> policies that you wrote prior to taking office in January 2016. La. R.S. 42:1113A <br /> prohibits a public servant, member of his immediate family, or legal entity in which he <br /> has a controlling interest from bidding on or entering into any contract, subcontract, or <br /> other transaction that is under the supervision or jurisdiction of his agency. La. R.S. <br /> 42:1111 C(2)(d) prohibits a public servant, or legal entity in which he exercises control or <br /> owns an interest in excess of twenty-five percent, from receiving any thing of economic <br /> value for or in consideration of services rendered, or to be rendered, to or for any person <br /> during his public service unless such services are neither performed for nor compensated <br /> by any person that has or is seeking to obtain contractual or other business or financial <br /> relationships with his agency. Prior to taking office as a member of the Lafourche Parish <br /> Council, you wrote insurance policies for Parish employees and employees of companies <br /> that do business with the Parish. The premiums are processed through automatic payroll <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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