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Last modified
3/6/2024 10:23:24 AM
Creation date
2/5/2024 3:15:25 PM
Metadata
2024-015
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2024-015
Requesting Party
Alesia Ardoin
Parties Involved
Public Radio Inc.
Paul Maassen
Agency at Issue
University of New Orleans
Decision Date
2/2/2024
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1117
La. R.S. 42:1123(9)(b)
La. R.S. 42:1112B(5)
Caption
The proposed consulting contract between Public Radio Inc. and Paul Maassen, a UNO staff member, meets the requirements of the Code of Governmental Ethics and presents no potential violation of the Code.
Ethics Subject Matters
Prohibited Sources
Participation
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LAW <br /> La. R.S. 42:1111C(2)(d): No public servant and no legal entity in which the public servant <br /> exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of <br /> economic value for or in consideration of services rendered,or to be rendered,to or for any person <br /> during his public service unless such services are neither performed for nor compensated by any <br /> person or from any officer, director, agent, or employee of such person, if such public servant <br /> knows or reasonably should know that such person has or is seeking to obtain contractual or other <br /> business or financial relationships with the public servant's agency. <br /> La. R.S. 42:1117: No public servant or other person shall give, pay, loan, transfer, or deliver or <br /> offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other <br /> person anything of economic value which such public servant or other person would be prohibited <br /> from receiving by any provision of this Part. <br /> La. R.S. 42:1123(9)(b): This Part shall not preclude the performance of services for compensation <br /> for any person, by faculty or staff members of a public higher education institution, provided the <br /> services consist of consulting related to the academic discipline or expertise of said public <br /> employee, or the continued performance of such services by former faculty or staff members of a <br /> public higher education institution subsequent to the termination of their public service and <br /> notwithstanding contrary provisions of R.S. 42:1121, and provided the services have been <br /> approved in writing by the chief administrative officer of the public employee's institution in <br /> accordance with rules and procedures established by the management board of the institution, <br /> which rules and procedures have been approved by the Board of Regents and the Board of Ethics. <br /> La. R.S. 42:1112B(5): No public servant, except as provided in R.S. 42:1120, shall participate in <br /> a transaction involving the governmental entity in which, to his actual knowledge, any of the <br /> following persons has a substantial economic interest: (5)Any person-%vho is a party to an existing <br /> contract with such public servant, or with any legal entity in which the public servant exercises <br /> control or owns an interest in excess of twenty-five percent, or who owes any thing of economic <br /> value to such public servant, or to any legal entity in which the public servant exercises control or <br /> owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to <br /> affect directly the economic interests of such public servant. <br /> AGENCY <br /> La. R.S. 42:1102(19) defines "public servant" to mean a public employee or an elected official. <br /> La. R.S. 42:1102(18)(a) defines"public employee"to mean anyone,whether compensated or not, <br /> who is: (iii) engaged in the performance of a governmental function; or, (iv)under the supervision <br /> or authority of another employee of the governmental entity. As an employee of UNO, Paul <br /> Maassen is a public servant under La. R.S. 42:1102(18) and (19). <br /> La. R.S. 42:1102(2)(a) defines "Agency" as a department, office, division, agency, commission, <br /> board, committee, or other organizational unit of a governmental entity. Mr. Maassen's agency for <br /> purposes of the Code is UNO radio station WWNO under La. R.S. 42:1102(2)(a). <br /> Page 2 of 3 (BD 2024015) <br />
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