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2016-091
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Last modified
7/12/2021 11:18:28 AM
Creation date
4/25/2016 2:25:02 PM
Metadata
2016-091
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-091
Requesting Party
Lynn D. Cawthorne
Parties Involved
Caddo Parish Commission
Camping World Independence Bowl Foundation
Christian Services Program
Minority Supplier Institute
Goodwill Industries of Northwest Louisiana
Decision Date
4/15/2016
Caption
Advisory opinion that a Caddo Parish Commissioner would not be prohibited, by the Louisiana Code of Governmental Ethics, from serving as an uncompensated board member for the Camping World Independence Bowl Foundation, Christian Services Program, Minority Supplier Institute, and Goodwill Industries of Northwest Louisiana and also would not be prohibited from participating in transactions as a Commissioner in which the Program or Goodwill has a substantial economic interest, as they are charitable, religious, and/or public service organizations. The Commissioner, however, would need to recuse herself from voting on any matter in which the Foundation or the Institute has a substantial economic interest.
Ethics Subject Matters
Boards and Commissions
Recusal
Participation
Prohibited Transactions
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The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit you from serving as an uncompensated board member for the <br /> Foundation, the Program, the Institute, or Goodwill while you serve as a Caddo Parish <br /> Commissioner. Additionally, because the Program and Goodwill are charitable, <br /> religious, and/or public service organizations, you would not be prohibited from <br /> participating as a Commissioner in transactions in which the Program or Goodwill has a <br /> substantial economic interest. However, you must recuse yourself from voting on any <br /> matter in which the Foundation or the Institute has a substantial economic interest. <br /> La. R.S. 42:1112B(3) prohibits a public servant from participating in a transaction <br /> involving the governmental entity in which, to his actual knowledge, any person of which <br /> he is an officer, director,trustee, partner,or employee has a substantial economic interest. <br /> However, La. R.S. 42:1123(1) allows a public servant to participate in the affairs of <br /> charitable, religious, nonprofit educational, public service, civic organizations, and bona <br /> fide organized public volunteer fire departments when no compensation is received. La. <br /> R.S. 42:1120 provides that if any elected official, in the discharge of a duty or <br /> responsibility of his office or position, would be required to vote on a matter which vote <br /> would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected <br /> official who recuses himself from voting pursuant to this Section shall not be prohibited <br /> from participating in discussion-and debate concerning the matter, provided that he <br /> makes the disclosure of his conflict or potential conflict a part of the record of his agency <br /> prior to his participation in the discussion or debate and prior to the vote that is the <br /> subject of discussion or debate. <br /> Therefore, you may serve as an uncompensated,board member for the Foundation,the <br /> Program, the Institute, or Goodwill, while you serve as a Caddo Parish Commissioner. <br /> Furthermore, you may vote on matters before the Commission in which the Program or <br /> Goodwill has a substantial economic interest. Finally, you must recuse yourself, in <br /> accordance with La. R.S. 42:1120, from voting on any matter in which the Foundation or <br /> the Institute has a substantial economic interest. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a` different application of the provisions of the Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other <br /> than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the <br /> Lobbyist Disclosure Act, and conflict of interest provisions in the gaming laws. If you <br /> have any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> \) • ,c'--. -.01111 <br /> Vivian Haley APS ms <br /> For the Board <br />
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