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Entry Properties
Last modified
4/1/2024 8:39:23 AM
Creation date
7/11/2022 11:56:33 AM
Metadata
2022-354
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-354
Requesting Party
Toni Celestine
Parties Involved
Toni Celestine
Read the Syllabus
Agency at Issue
South Louisiana Community College
Decision Date
7/8/2022
Law
1111C(1)(a)
1115
Caption
Advisory opinion that the Code of Ethics would not prohibit an employee of the South Louisiana Community College Office of Student Services from providing services through a nonprofit for compenstion as long as though services are not substantially devoted to the operations, programs and responsibilities of her agency and in which she participated.
Ethics Subject Matters
Outside Employment
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1111C(2)(d)RESTRICTIONS <br /> A public servant and a legal entity in which the public servant exercises control or owns in excess <br /> of 25%, are prohibited from receiving any thing of economic value for services rendered or to be <br /> rendered to or for the following persons(from persons whom the public servant is also prohibited <br /> from receiving a gift): <br /> 1. Any person who has or is seeking to obtain a contractual,business or financial relationship <br /> with the public servant's agency; OR <br /> 2. Any person who conducts operations or activities which are regulated by the public <br /> employee's agency; OR <br /> 3. Any person who has a substantial economic interest which may be substantially affected <br /> by the performance or nonperformance of the public employee's official job duties. <br /> *NOTE: A"public servant'is an elected official or a public employee. <br /> Example#2:You are an employee of the Department of Environmental Quality <br /> `YcLe whose official job duty is to visit alleged hazardous waste sites and determine if the <br /> area is dangerous to the health of nearby residents. Could you work,on the weekend, <br /> for the owner of the land you have to analyze? <br /> Answer: No,because the landowner has a substantial economic interest in the <br /> v � outcome of your survey. For example,he may have to pay expensive clean up costs <br /> or his property value may fall depending on the results of your survey. This being the <br /> case,the landowner would be a prohibited source of income for you. <br /> Example#3:You area member of a police jury. Could you work for a private <br /> company that is negotiating with the police jury to construct a new building to <br /> house the offices for the police jury? <br /> Answer: No. Because that private company is seeking a contractual <br /> relationship with the police jury,it would be a prohibited source of income for you. <br /> If the negotiations fail and the private company will not construct the new building, <br /> then it would cease being a prohibited source of income for you. However, if <br /> negotiations were to resume at a later date, the company would once again be a <br /> prohibited source of income for you. <br /> COMMON MISCONCEPTIONS <br /> Section 1111C(1)of the Code evokes a couple of common misconceptions. For example,public servants often <br /> believe that if the services to be rendered are to be provided after hours,then there can be no Ethics Code violation <br /> in providing those services. This is not true. Providing the services after hours does not prevent a violation of the <br /> Code from occurring. This restriction depends on the type of services you want to provide. <br /> Another common misconception surrounding Section 1111C(l)is that if the additional services are not services <br /> you normally provide as a part of your job,then there can be no Ethics Code violation in providing those services. <br /> This is also not true. This Section was specifically designed to cover situations where the additional services to <br /> be provided are not identical to the services provided during work hours,but are so close or similar in nature to <br /> Prohibited Sources Fact Sheet Page 2 <br />
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