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2016-1272
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2016-1272
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Last modified
7/12/2021 11:03:34 AM
Creation date
1/23/2017 3:20:20 PM
Metadata
2016-1272
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1272
Requesting Party
Kenneth A. Brister
Decision Date
1/20/2017
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would prohibit Lake Providence Town Clerk and her husband from receiving compensation from “The Banner Democrat,” while the clerk is employed by the town, since “The Banner Democrat” has a contractual, business, or financial relationship with the Town.
Ethics Subject Matters
Payment from Third Parties
Outside Employment
Public Employee - Definition
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STATE OF LOUISIANA <br /> °''' DEPARTMENT OF STATE CIVIL SERVICE <br /> ,0''pF LOUT%. <br /> �� u Sf LOUISIANA BOARD OF ETHICS <br /> u1,-;y >'I,, •: P.0.BOX 4368 <br /> �IIi4.jjJ*l I BATON ROUGE,LA 70821 <br /> '"R " �,,,' (225)219-5600 <br /> ' r "" FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> January 23,2017 <br /> Mr. Kenneth A. Brister <br /> 318 Morgan Street <br /> P.O. Box 266 <br /> Lake Providence,Louisiana 71254 <br /> Re: Louisiana Board of Ethics <br /> Docket No. 2016-1272 <br /> Dear Mr. Brister, <br /> The Louisiana Board of Ethics, at its January 20, 2017 meeting, considered your request for <br /> an advisory opinion as to whether the purchase of "The Banner Democrat" ("Banner") by <br /> the Town Clerk and her husband would pose a potential violation of the Code of Govern- <br /> mental Ethics, as the newspaper is paid by the Town of Lake Providence ("Town") to run <br /> legal advertisements and notices. <br /> You stated that Lake Providence is located in East Carroll Parish and that the Banner is the <br /> only paper of general circulation in the parish. You further stated that the appointed Town <br /> Clerk, LeeAnn Clement, and her husband, Roger Clement, have considered purchasing the <br /> Banner to prevent it from ending circulation. All public notices, town minutes, proposed or- <br /> dinances, and other required legal notices from the Town are submitted to the paper, which <br /> bills the Town. You stated that the Town Clerk has check signing authority. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would prohibit LeeAnn and Roger Clement from receiving compensation from the <br /> Banner, while LeeAnn is employed by the Town, as the Banner has a contractual, business, <br /> or financial relationship with the Town. La. R.S. 42:1111C(2)(d) prohibits a public servant, <br /> and a legal entity in which the public servant exercises control or owns an interest in excess <br /> of twenty-five percent, from receiving any thing of economic value for or in consideration <br /> of services rendered, or to be rendered, to or for any person during her public service unless <br /> such services are neither performed for nor compensated by any person that has or is seek- <br /> ing to obtain contractual or other business or financial relationships with her agency. LeeAnn <br /> and Roger Clement, along with the Banner, would also be prohibited from receiving com- <br /> pensation from any person or company which has a contractual, business, or financial rela- <br /> tionship with the Town <br /> Additionally,the Code of Governmental Ethics would prohibit the Clements and the Banner <br /> from entering into a contract or transaction with the Town to provide publication and distri <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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