2011-1332 - Laserfiche WebLink

STATE OF LOUISIANA o'pF►ou7 DEPARTMENT OF STATE CIVIL SERVICE s aa'i�;I *, LOUISIANA BOARD OF ETHICS 1. Ip„,;_ �6, •• P.O.BOX 4368 BATON ROUGE,LA 70821 \ �O+Pfo �p� (225)219-5600 ''.. FAX:(225)381-7271 1-800-842-6630 October 28, 2011 www.ethics.state.la.us Ms. Bonnie Champagne Clerk to Council P.O. Box 778 Covington, LA 70434 Re: Ethics Board Docket No. 2011-1332 Dear Ms. Champagne: The Louisiana Board of Ethics, at its October 20. 2011 meeting, considered your request for an advisory opinion regarding Councilman, Larry Roiling, and his ownership interest in Northshore Images In Stitches, LLC. You stated in your opinion request that Councilman Rolling was sworn into office on July 1,2011. You also stated that he owns a 100 percent interest in Northshore hnages and Stitches, LLC - which is a business located in District D in the City limit of Covington. The business has been open for the past 13 years and has conducted business with the City consisting of producing and selling City of Covington logo merchandise. Based upon these facts you requested the answer to a series of questions, and how the ethics laws of the State of Louisiana will apply: 1.) Is itpermissible for Councilman Rolling, through his company, to sell products on which the city logo is imprinted to the City of Covington and paid for with City of Covington funds? Section II 13A(1)(a) of the Louisiana Code of Ethics prohibits a public servant or legal entity in which he owns a controlling interest from bidding on, entering into a contract, subcontract or any other transaction under the supervision or jurisdiction of his agency. A "controlling interest” is defined in Section 1102(8) of the Code as an interest in a company that exceeds 25%. Since Mr. Rolling has an 100%interest then the controlling interest is apparent. As councilman,Mr. Rolling's agency is the City of Covington. As such, his business would be prohibited by the Code of Ethics from entering into transactions with the City of Covington. Further, Section 1112 of the Code prohibits a public servant from participating in transactions involving his governmental entity in which he would have a substantial economic interest. Section 1102(15) states that participate means to take part in or have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval. decision, recommendation. rendering of advice, investigation orfailure to act or perform a duty. Thus, Councilman Rolling may not participate in a matter in which his business would have a substantial economic interest. AN EQUAL OPPORTUNITY EMPLOYER