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Last modified
7/12/2021 1:40:29 PM
Creation date
8/19/2014 11:55:47 AM
Metadata
2014-861
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2014-861
Requesting Party
Michael Sigur
Parties Involved
City of Kenner Police Department
City of Kenner Council
Decision Date
8/15/2014
Law
R.S. 42:1111C(1)(a)
R.S. 421123(15)
R.S. 42:1113
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit an unpaid reserve police officer with the City of Kenner Police Department from continuing to serve as an unpaid reserve officer and also work private police details now that he has been elected as a councilman for the City of Kenner.
Ethics Subject Matters
Participation
Payment - Not Duly Entitled
Prohibited Contracts
Prohibited Transactions
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T <br /> STATE OF LOUISIANA <br /> ",F,,,,,, DEPARTMENT OF STATE CIVIL SERVICE <br /> ,��4 9y: LOUISIANA BOARD OF ETHICS <br /> �- <br /> �i,;,�_,,��;;��� P.O.BOX 4368 <br /> rt 14, 1BATON ROUGE,LA 70821 <br /> e4. (225)(225)219-5600 <br /> .!+ <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> August 18, 2014 <br /> Michael Sigur <br /> 2201 Florida Avenue <br /> Kenner, LA 70062 <br /> Re: Ethics Board Docket No. 2014-861 <br /> Dear Mr. Sigur: <br /> The Louisiana Board of Ethics, at its August 15, 2014 meeting, considered your request <br /> for an advisory opinion as to whether you may continue to serve as an unpaid reserve <br /> police officer with the City of Kenner Police Department and work private police details <br /> after being elected to the City of Kenner City Council. You stated that you retired from <br /> the City of Kenner Police Department and are presently a member of their reserve <br /> division. You also stated that as a reserve member, you receive no compensation for your <br /> volunteer services, but you do occasionally work police details for private businesses <br /> which pay you directly. You provided information that the Police Chief for the City of <br /> Kenner Police Department is elected and controls and administers the budget for the City <br /> of Kenner Police Department. Finally, you provided further information that the City of <br /> Kenner City Council has no involvement in the approval of the appointments of reserve <br /> police officers with the City of Kenner Police Department. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit you from continuing to serve as an unpaid reserve officer for <br /> the City of Kenner Police Department and work private police details now that you have <br /> been elected to the City of Kenner City Council. Volunteer police officers are public <br /> employees under La. R.S. 42:1102 (18) even though they are not compensated, as they <br /> are engaged in the performance of a governmental function. La. R.S. 42:1111C(1)(a) <br /> prohibits a public servant from receiving any thing of economic value for any service, the <br /> subject matter of which is devoted substantially to the responsibilities, programs or <br /> operations of the agency of the public servant and in which the public servant has <br /> participated. However, La. R.S. 42:1123(15) provides, an exception tb permit duly <br /> commissioned law enforcement officers to provide private security services, which are <br /> approved by and in accordance with a policy of their public employer. The policy of the <br /> public law enforcement body must be published in the official journal of the parish and <br /> provide for the use of public vehicles for private employment. La. R.S. 42:1113 prohibits <br /> public servants, their immediate family member, or legal entities in which they have a <br /> controlling interest, from entering into any contract, subcontract, or other transaction that <br /> is under the supervision or jurisdiction of the agency of such public servant. Because the <br /> City of Kenner Police Department is a separate agency from the City of Kenner City <br /> Council, your continued service as an unpaid reserve officer for the City of Kenner Police <br /> Department is not prohibited by the Code of Ethics. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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