| Advisory opinion request regarding whether Blaine Boudreaux may be appointed as a Board member to the Jefferson Davis Waterworks District #4 (District). |
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Mr. Boudreaux is resident of The Bank located in Jennings, Louisiana. The District has a checking account and certificate of deposit with The Bank. The Jefferson Davis Police Jury would like to appoint Mr. Boudreaux as a Board member to the District.
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La. R.S. 42:1111C(2)(d) provides no public servant shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115A(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person if such public servant knows or reasonably should know that such person has or is seeking to obtain a contractual or other business or financial relationship with the public servants agency.
La. R.S. 42:1120A provides that except for any member of a board or commission specifically provided for in R.S. 42:1120.1, if any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. La. R.S. 39:1233.1 provides that notwithstanding any provision of Chapter 15 of Title 42 of the Revised Statutes of 1950 or any other law to the contrary, any member of a local depositing authority, including the chief executive officer thereof, may serve as an officer, director, or employee, whether compensated or not, of any national or state bank; provided that he shall recuse himself from voting in favor of any such bank and shall disclose the reason for such recusal by filing same into the minutes or record of the local depositing authority and by forwarding a disclosure form to the Board of Ethics.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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