| Advisory opinion request by Fred Mills, on behalf of Farmers-Merchants Bank and Trust Company (Farmers), regarding whether Farmers may purchase a policy from New York Life and whether Mayor Ricky Calais of Breaux Bridge may accept a commission based upon this purchase. |
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Ricky Calais became mayor of Breaux Bridge on January 1, 2015. In March of 2014, Mr. Calais, in his capacity as a representative of New York Life made a proposal for a life insurance product to Farmers. Mr. Calais transferred his clients and files to another agent when he started serving as mayor. Mr. Calais would receive compensation from New York Life and not from Farmers for the work he performed prior to taking office. Farmers serves as a fiscal agent depository bank for the City of Breaux Bridge.
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La. R.S. 42:1111C(2)(d) prohibits a public servant or a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent from receiving anything of economic value for or in consideration of services rendered or to be rendered to a person who has or is seeking to have a contract or other business or financial relationship with his agency.
La. R.S. 42:1111C(4) provides that an elected official shall not be prohibited for a period of not more than ninety days following the first day of his initial term of office from receiving compensation from a person from who he would be prohibited by R.S. 42:1115A(1) (a person having or seeking to have a contract or other business or financial relationship with the agency of the public servant) from receiving a gift for the completion while in office of any contract or subcontract which was entered into prior to his initial election to office, provided that such contract or subcontract is written and includes established terms for compensation and completion and that such contract or subcontract shall not be renewed after his initial election.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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