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2016-1203
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Last modified
7/12/2021 11:03:26 AM
Creation date
2/21/2017 2:36:53 PM
Metadata
2016-1203
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1203
Requesting Party
David Ellis
Agency at Issue
Mandeville City Council & Arthur J. Gallagher & Company
Decision Date
2/17/2017
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit an elected member of the Mandeville City Council from continuing his employment with Arthur J. Gallagher & Company (Gallagher), at a time when it serves as the benefits consultant for STARC of Louisiana, Inc. (STARC), which receives funding from the City. Further, he would not be prohibited from participating in the vote regarding the annual appropriation to STARC, at a time when Gallagher serves as its benefits consultant, provided the funding is not allocated to compensate Gallagher for those services, since he is not an officer, director, trustee, partner, or employee of STARC.
Ethics Subject Matters
Participation
Outside Employment
Payment from Third Parties
Prohibited Sources
Prohibited Transactions
Boards and Commissions
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STATE OF LOUISIANA <br /> ,,OF LOr7 DEPARTMENT OF STATE CIVIL SERVICE <br /> ff LOUISIANA BOARD OF ETHICS <br /> a. o; 1 P.O. BOX 4368 <br /> I BATON ROUGE, LA 70821 <br /> c°6p pe" o4 (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> February 21, 2017 <br /> David Ellis <br /> 1100 Rue Chinon <br /> Mandeville, LA 70471 <br /> Re: Ethics Board Docket No. 2016-1203 <br /> Dear Mr. Ellis: <br /> The Louisiana Board of Ethics, at its February 17, 2017 meeting, considered your request <br /> for an advisory opinion regarding whether you, as an elected member of the Mandeville <br /> City Council (Council), can continue your employment with Arthur J. Gallagher & <br /> Company (Gallagher), at a time when it serves as the benefits consultant for STARC. If <br /> so, you asked for an advisory opinion regarding whether you may participate in the vote <br /> regarding the annual appropriation to STARC, at a time when Gallagher serves as its <br /> benefits consultant. You provided the following background information for <br /> consideration in connection with your request: <br /> You have been employed with Gallagher in its Benefit Services Division for more than <br /> five months as a salaried, non-commissioned insurance consultant. Your focus is <br /> primarily local - St. Tammany Parish (Parish) - regarding specific industry targets <br /> including public entities, nonprofit organizations, etc. Gallagher serves similar clients <br /> across the country, providing expertise and resources regarding analytics, human <br /> resources and compensation, employer-sponsored health and welfare plans, etc. <br /> Gallagher bills its clients on a commission basis, consulting fee, or a combination of <br /> both. Additionally, you own less than 1% of the shares of Gallagher stock. <br /> STARC of Louisiana, Inc., a private non-profit organization incorporated in 1968, <br /> provides day care services, work training services, respite and personal care services, and <br /> residential housing for residents of the Parish with mental retardation and/or <br /> developmental disabilities. STARC receives funding from the City of Mandeville (City), <br /> as well as an ad valorem tax from the Parish. The Council approves the total amount of <br /> grant funding available each year. Thereafter, STARC and other entities apply for a <br /> portion of the available funds, which is allocated by the City. As such, the individual <br /> funding requests are not included as line items in the budget considered by the Council. <br /> STARC intends to use Gallagher as its benefits consultant for their voluntary (work site <br /> and individual) insurance benefits, which will be paid through voluntary payroll <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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