| Advisory opinion request from Earl Martinez, the Superintendent of the Assumption Parish School Board, regarding whether the Code of Governmental Ethics will prohibit the school board from automatically debiting funds for Ameriprise 403B plans, when the agent's father serves as a school board member. |
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Assumption Parish Superintendent Earl Martinez requested an advisory opinion regarding whether the Code of Governmental Ethics(Code) would prohibit the Assumption Parish School Board from automatically debiting the pay checks of the employees participating in the Ameriprise 403B plans, while the Ameriprise agent's father, Lee Meyer, serves as an Assumption Parish School Board Member.
The Superintendent provided that Thomas Meyer is an agent and part owner of Ameriprise. Ameriprise was approved by Assumption Parish School Board to provide a 403B plans for the employees in 2003. He stated that after the school board approved Ameriprise in 2003 the approval remains in effect as long as it stays active. The approval requires no action to be taken by the school board. He added that the school board does not match funds or give any economic advantage to the employees who use the 403B plans. The Superintendent stated that the only interaction between Ameriprise and the Assumption Parish School Board is that the school board processes the automatic deductions for its employees enrolled in the Ameriprise 403B plans. Further, He added that the School Board has no contract or business relationship with Ameriprise.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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