| Advisory opinion request regarding whether Zachary Smith, an employee of the City of New Orleans, may accept employment with Asset Evaluation Service. |
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Zachary Smith is employed by the City of New Orleans as a Plan Examiner in the Department of Safety and Permits. His duties include reviewing architectural plans for compliance with city, state, and international building codes. Mr. Smith is considering accepting a position with AES, a company that acts as a liaison between potential borrowers and financial institutions related to the renovation and building of real estate. His duties with AES would be different than the duties he has with the Department of Safety and Permits and would not involve the review of architectural plans for code compliance. AES has no direct relationship with the City of New Orleans. It is possible that customers of AES could require services from the City of New Orleans. In the event that a conflict would arise, the Department of Safety and Permits could easily implement a system so that Mr. Smith did not have to participate in those transactions. In addition, since AES works mostly on residential projects, Mr. Smith's duties within the Department of Safety and Permits could be limited to only allow him to review commercial projects.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and any legal entity in which the public servant exercises control or owns an interest in excess of 25% from providing compensated services to a person (1) who has or is seeking to have a contractual, business, or financial relationship with the public servant's agency; (2) who conducts operations or activities which are regulated by the public servant's agency; or (3) who has substantial economic interests which may be substantially affected by the performance or nonperformance of the public servant's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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