| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit two Rapides Area Planning Commission employees, James Wallace and James Deason, from drafting building plans for compensation for private entities in the area. |
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Commission Director of Operations, Matt Johns, requested an advisory opinion regarding whether the Code would prohibit two Commission employees, James Wallace and James Deason from drafting building plans for compensation for private entities in the area. Mr. Johns provided that the Commission is a state mandated non-profit quasi-governmental agency. He provided that the Commission does not draft any building plans.
However, he added that the Commission entered cooperative endeavor with local parishes and municipalities to function as the building official. As the local building official, the Commission consults on and reviews all building plans in the area. Further the Commission inspects and permits building sites. He stated that the Commission is prepared to implement a plan to prevent Mr. Wallace and Mr. Deason from participating in any manner regarding any project in which they participated in drafting the building plan.
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La. R.S. 42:1111C(2)(d) prohibits a public servant or any legal entity in which he owns in excess of 25% from receiving a thing of economic value for services rendered to the following persons: (1) those who have or are seeking to have a contractual, business or financial relationship with the public servants agency, (2) those who conduct operations or activities that are regulated by the public servants agency, and (3) those who have a substantial economic interest that could be affected by the performance or non-performance of the public job duties.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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