2023-1006 - Laserfiche WebLink

OF Lptj STATE OF LOUISIANA ass DEPARTMENT OF STATE CIVIL SERVICE LOUISIANA BOARD OF ETHICS Y P.O. BOX 4368 BATON ROUGE,LA 70821 FIDE- (225)219-5600 «o»•' FAX:(225)381-7271 1-800-842-6630 www.ethics.Ia.gov April 10, 2024 Mark Pousson 17467 Oil Field Road Welsh, Louisiana 70591 Re: Docket No. 2023-1006 Advisory Opinion Dear Mr. Pousson: The Louisiana Board of Ethics, at its meeting on April 5, 2024, considered your request for an advisory opinion as to whether certain transactions involving the Louisiana Rice Promotion Board create a conflict of interest under the Code of Governmental Ethics ("Code"). FACTS PROVIDED The Louisiana Rice Promotion Board ("Promotion Board") was created by La. R.S. 3:3533, of which you are a member. The USA Rice Council is a nonprofit organization contracted with the Promotion Board to help promote rice nationally and in Louisiana. Members of the Promotion Board may also serve on various committees and board positions of the USA Rice Council. These positions are uncompensated. In 2012,rice farmers initiated a lawsuit against the Promotion Board,the Louisiana Rice Research Board, and the Louisiana Department of Agriculture & Forestry to recover rice check-off funds that were allegedly illegally taken. In 2017, the lawsuit was designated as a class action, which includes more than 10,000 individuals and legal entities, including the members of the Promotion Board. If the litigation is ultimately successful, the class members may be entitled to reimbursement from the Promotion Board and the Louisiana Rice Research Council as collectors of the assessments. You stated that the USA Rice Council has paid for the legal fees incurred by the Promotion Board and the Louisiana Rice Research Board. AGENCY La. R.S. 42:1102(18)(ii) defines "public employee"to include an individual who is appointed by any elected official to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. La. R.S. 42:1102(19) defines "public servant" to include an elected official or public employee. As an appointed member of the Louisiana Rice Promotion Board, you are a public servant pursuant to La. R.S. 42:1102(18) and (19). La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of Page 1 of 5 (BD 2023-1006) AN EQUAL OPPORTUNITY EMPLOYER