2023-148 - Laserfiche WebLink

any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1112(B)(5) prohibits a public servant from participating in a transaction in which the following person has a substantial economic interest: Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant. La. R.S. 42:1115(A)(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business, or financial relationship with the public servant's agency. La. R.S. 42:1115(B)(2) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty. ANALYSIS The Code prohibits public servants and legal entities in which he controls twenty-five percent interest from receiving any thing of economic value for services rendered from a prohibited source. La.R.S.42:1111(C)(2)(d). However,in this matter,you would be compensating Mr.Manes and/or Manes Construction, LLC for services that he renders to your company, Howard Lewing Construction, Inc. As a result, La. R.S. 42:1111(C)(2)(d) would not prohibit Howard Lewing Construction, Inc. from contracting with Manes Construction, LLC or Mr. Manes, personally. The Code prohibits a public servant from participating in a transaction involving any person with whom the public servant has an existing contractual relationship. La. R.S. 42:1112(B)(5). Should Howard Lewing Construction, Inc. enter into a contract with Mr. Manes or Manes Construction LLC, be sure to recuse yourself from any transaction involving Mr. Manes and the Village of Anacoco even though you previously stated that you would do so. Additionally, although you stated that you would not be providing any discounts or contributions to Mr. Manes or Manes Construction Company, be aware that any discount or contribution provided to Mr. Manes or Manes Construction would be in violation of La. R.S. 42:1115. Page 2 of 3 Docket No.2023-148