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2023-427
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2023-427
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Entry Properties
Last modified
4/1/2024 8:42:34 AM
Creation date
7/10/2023 11:00:43 AM
Metadata
2023-427
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-427
Requesting Party
Judy Dupuy
Agency at Issue
Louisiana Crime Victims Reparations Board
Decision Date
7/7/2023
Law
La. R.S. 42:1111(E)(1)
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1113(B)
La. R.S. 42:1112(B)
La. R.S. 42:1112(B)(5)
La. R.S. 42:1112(A)
Caption
The Code of Governmental Ethics prohibits members of the Crime Victims Reparations Board from assisting clients for compensation in transactions involving the Reparations Board.
Ethics Subject Matters
Prohibited Transactions
Prohibited Sources
Participation
Outside Employment
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ANALYSIS <br /> La. R.S. 42:1111(C)(2)(d) prohibits Reparations Board Members from receiving any thing of <br /> economic value for services rendered to any person who has a contractual, business, or financial <br /> relationship with the Reparations Board, or who has substantial economic interests which may be <br /> substantially affected by the performance or nonperformance of the official duties of the members <br /> of the Reparations Board. Since the client would be seeking financial costs through the submission <br /> of an application to the Reparations Board, any person who submits such an application is <br /> considered a prohibited source of compensation to the members of the Reparations Board.As such, <br /> members of the Reparations Board are prohibited from providing compensated services to any <br /> person who seeks a financial reward from the Reparations Board. <br /> ISSUE No.4-PROHIBITED TRANSACTIONS <br /> As part of your first question, you ask whether the Reparations Board member,who is one of the <br /> three practicing professionals provided in R.S. 46:1806(A)(1)(b)(iii), is eligible to seek <br /> reimbursement from the Reparations Board for the costs of the services. <br /> LAW <br /> La.R.S.42:1113(B):No appointed member of any board or commission,member of his immediate <br /> family, or legal entity in which he has a substantial economic interest shall bid on or enter into or <br /> be in any way interested in any contract, subcontract, or other transaction which is under the <br /> supervision or jurisdiction of the agency of such appointed member. <br /> ANALYSIS <br /> La. R.S. 42:1113(B) provides that no appointed member of the Reparations Board may enter into, <br /> or be in any way interested in,any transaction which is under the supervision or jurisdiction of the <br /> Reparations Board. Since the reimbursement must be approved by the Reparations Board, the <br /> appointed members of the Reparations Board are prohibited by La. R.S. 42:1113(B)from entering <br /> into, or being in any way interested in, any claims for reimbursements made by the Reparations <br /> Board. <br /> ISSUE No.5-PROHIBITED PARTICIPATION <br /> You stated that an emergency award of up to $1,000 can be approved for a victim of crime by a <br /> Reparations Board member from the geographical area subject to final ratification at the next board <br /> meeting.You ask whether a Reparations Board member,in his or her public capacity,may approve <br /> such an emergency award submitted by a victim when the Reparations Board member is providing <br /> or might provide that victim with direct services and then might subsequently bill the Reparations <br /> Board for those direct services. <br /> Page 4 of 7 (BD 2023-427) <br />
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