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Last modified
7/12/2021 11:07:07 AM
Creation date
7/26/2017 2:19:01 PM
Metadata
2017-281
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-281
Requesting Party
Rosa DeJean
Decision Date
7/21/2017
Caption
Advisory opinion that the Deputy Clerk of Court for Orleans Parish Civil District Court would not be prohibited by the Code of Governmental Ethics from notarizing documents outside her working hours for FEMA; schools; Concealed Handgun Affidavits; and , vehicle transfers since these documents are not notarized by personnel in the Land Records Division as part of their job duties and filed with the Land Records Division. Further, she would not be prohibited from notarizing documents during her office hours that would be filed with the Clerk of Court, as long as she does not accept any compensation for such services.
Ethics Subject Matters
Post Employment
Outside Employment
Prohibited Sources
Payment - Not Duly Entitled
Public Employee - Definition
Prohibited Transactions
Prohibited Assistance
Payment from Third Parties
Participation
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STATE OF LOUISIANA <br /> p ', DEPARTMENT OF STATE CIVIL SERVICE <br /> O,!STN. <br /> J°�9' LOUISIANA BOARD OF ETHICS <br /> , ,,,� •� P.O.BOX 4368 <br /> } fie/ ,; BATON ROUGE,LA 70821 <br /> of%'oo' (225)219-5600 <br /> ,,,,,, '°"m^° FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 26, 2017 <br /> Ms. Rosa DeJean <br /> 1419 Forstall Street <br /> New Orleans, Louisiana 70117 <br /> Re: Ethics Board Docket No. 2017-281A <br /> Dear Ms. DeJean: <br /> The Louisiana Board of Ethics,at its July 21,2017,reconsidered your request for an advisory <br /> opinion regarding the propriety of you, as a Deputy Clerk of Court for the Orleans Parish <br /> Civil District Court, notarizing documents; and, regarding the application of the post- <br /> employment restrictions set forth in the Code of Governmental Ethics. You stated that you <br /> passed the notary exam in December. You have submitted additional information regarding <br /> the types of notarized documents that are filed with your agency,the Land Records Division <br /> of the Orleans Civil District Court. You stated that the following types of documents are <br /> filed with your Division: acts involving movable and immovable property; conveyances, <br /> sales, exchanges, and donations; mortgages; acts of cancellation of mortgages; business <br /> organization's charters; bonds; and, oaths of office. <br /> You stated that you are seeking to notarize documents for FEMA; schools; Concealed <br /> Handgun Affidavits that are included in the Louisiana Concealed Handgun Permit <br /> Application Packet that are submitted to the Department of Public Safety and Corrections, <br /> Office of State Police;and,vehicle transfers that are not filed in the Land Records Division. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit you from notarizing documents outside of your working hours for <br /> FEMA; schools; Concealed Handgun Affidavits; and, vehicle transfers since these <br /> documents are not notarized by personnel in the Land Records Division as part of their job <br /> duties and filed with the Land Records Division.La.R.S.42:1111C(1)(a)prohibits a public <br /> servant from receiving any thing of economic value for any service, the subject matter of <br /> which is devoted substantially to the responsibilities,programs, or operations of the agency <br /> of the public servant and in which the public servant has participated.La.R.S. 42:1111E(1) <br /> provides that no public servant, and no legal entity of which such public servant is an <br /> officer, director, trustee, partner, or employee, or in-which such public servant has a <br /> substantial economic interest, shall receive or agree to receive any thing of economic value <br /> for assisting a person in a transaction, or in an appearance in connection with a transaction, <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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