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2023-148
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STATE OF LOUISIANA <br /> 10�of LOUcsr DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> �OnvioeNcf. (225)219-5600 <br /> ..o..••' FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> Monday,April 10, 2023 <br /> Mayor Howard K. Lewing <br /> Village of Anacoco <br /> P.O. Box 280 <br /> Anacoco, Louisiana 71403 <br /> RE: Docket No. 2023-148 <br /> Advisory Opinion <br /> Dear Mayor Lewing: <br /> The Louisiana Board of Ethics("Board"), at its April 5, 2023 meeting, considered your request for <br /> an advisory opinion as to whether the Louisiana Code of Governmental Ethics ("Code")prohibits <br /> Howard Lewing Construction, Inc. from contracting with Danny Manes, who oversees the <br /> Anacoco Water System. <br /> FACTS PROVIDED <br /> You own Howard Lewing Construction, Inc. and are also the Mayor of the Village of Anacoco. <br /> Danny Manes is a Village of Anacoco (pop. 85 1) contractor, who oversees the Anacoco Water <br /> System. Mr. Manes is part owner of Manes Construction, LLC. You would like to use Mr. Manes <br /> as a subcontractor for your company,where you would be paying Mr. Manes for his services. You <br /> will recuse yourself from voting on any matters concerning Danny Manes. Additionally,you stated <br /> that you would not being giving Mr. Manes or his company any discounts or contributions. <br /> LAW <br /> La. R.S. 42:1102(18) defines a"Public employee" as anyone, whether compensated or not, who <br /> is: (i) An administrative officer or official of a governmental entity who is not filling an elective <br /> office; (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof; (iii) Engaged in <br /> the performance of a governmental function; and, (iv) Under the supervision or authority of an <br /> elected official or another employee of the governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official. <br /> La. R.S. 42:1102(22)(a) defines "Thing of economic value" as money or any other thing having <br /> economic value. <br /> La. R.S. 42:1111(C)(2)(d)provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />