|
deductions. Gallagher will enroll STARC's employees at its annual meeting in June.
<br /> Any commissions will be paid to Gallagher, not to you or any other individual agent.
<br /> Furthermore, Gallagher will not be paid a consulting fee for these services rendered to
<br /> STARC. However, Gallagher may have the opportunity to provide similar services in
<br /> connection with STARC's employer sponsored insurance benefits in the future, which are
<br /> usually paid by both the employer and employees. Finally, you are not a member of
<br /> STARC's Board of Directors and you do not own a controlling interest in STARC, as
<br /> defined in La. R.S. 42:1102(8).
<br /> The Board concluded, and instructed me to inform you, that the Code of Governmental
<br /> Ethics would not prohibit you, as a member of the Council, from continuing your
<br /> employment with Gallagher, at a time when it serves as the benefits consultant for
<br /> STARC, which receives funding from the City. La. R.S. 42:1111C(2)(d) prohibits a
<br /> public servant and any legal entity in which the public servant exercises control or owns
<br /> an interest in excess of twenty-five percent, from receiving any thing of economic value
<br /> for or in consideration of services rendered, or to be rendered, to or for any person during
<br /> his public service unless such services are neither performed for nor compensated by any
<br /> person who has or is seeking to obtain contractual or other business or financial
<br /> relationships with his agency. As an employee of Gallagher, the benefits consultant for
<br /> STARC's voluntary insurance benefits, you will be providing services to STARC
<br /> employees, which will be paid by those employees through payroll deductions.
<br /> Therefore, it will not present a violation of La. R.S. 42:1111C(2)(d) if you continue your
<br /> employment with Gallagher, at a time when it serves as the benefits consultant for
<br /> STARC, which receives funding from the City. Moreover, it would not present a
<br /> violation of the Code if you perform such services services, as an employee of Gallagher,
<br /> in connection with STARC's voluntary insurance benefits.
<br /> The Board also concluded, and instructed me to inform you, that it declines to render an
<br /> opinion as to any unspecified opportunity to provide similar services in connection with
<br /> STARC's employer sponsored insurance benefits in the future, without more information.
<br /> As such, if a specific situation arises in the future, it is the recommendation of the Board
<br /> that you request an advisory opinion at that time
<br /> The Board further concluded, and instructed me to inform you, that the Code of
<br /> Governmental Ethics would not prohibit you from participating in the vote regarding the
<br /> annual appropriation to STARC, at a time when Gallagher serves as its benefits
<br /> consultant, P rovided the funding is not allocated to compensate Gallagher for those
<br /> services. La. R.S. 42:1112B(3) prohibits a public servant, except as provided in La. R.S.
<br /> 42:1120, from participating in a transaction involving the governmental entity in which,
<br /> to his actual knowledge, any person of which he is an officer, director, trustee, partner,
<br /> or employee has a substantial economic interest. You are not an officer, director, trustee,
<br /> partner, or employee of STARC. Additionally, the Council approves the total amount of
<br /> grant funding available each year as part of the budget process, but the individual funding
<br /> requests are not included as line items in the proposed budget. As such, it would not
<br />
|