2022-012 - Laserfiche WebLink

La. R.S. 42:1102(2)(a)(vi) defines"agency" for public servants of political subdivisions to mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions. La. R.S. 42:1102(11) defines "governing authority to mean the body which exercises the legislative functions of a political subdivision. La. R.S. 42: 1102(12) defines"governmental entity"to mean the state or any political subdivision to which the elected official is elected. La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part. ANALYSIS As an elected member of the governing authority for the City of New Orleans, Oliver Thomas's agency is the City of New Orleans,pursuant to La. R.S. 42:1102(2)(a)(vi). Since the City of New Orleans, through the purchase of advertisements and public service announcements by the Mayor's Office,has a business or financial relationship with Equity Media and WBOK, Oliver Thomas is prohibited by R.S. 42:1111(C)(2)(d) from receiving any thing of economic value, including compensation, from Equity Media and WBOK while he serves as an elected member of the New Orleans Council. Additionally, Equity Media is prohibited by R.S. 42:1117 from giving anything of economic value, including compensation, to Oliver Thomas, while he is prohibited by the Code from receiving such payments. CONCLUSION The Board concluded,and instructed me to inform you,that R.S.42:1111(C)(2)(d)prohibits Oliver Thomas from providing compensated services to Equity Media, while Equity Media has a contractual,business,or financial relationship with the City of New Orleans. Further,R.S.42:1117 prohibits Equity Media from paying compensation to Oliver Thomas, while the City of New Orleans has a contractual, business, or financial relationship with Equity Media. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. Should the City of New Orleans no longer have a business relationship with Equity Media, a new request for advisory opinion should be submitted to determine the applicability of any other provision of the Code. Page 2 of 3 (BD 2022-012)