| Advisory opinion request regarding whether Lonny Cavalier would be prohibited from receiving compensation from The Bayou Journal, as a freelance journalist, after he commences his employment with the Assumption Parish Sheriff's Office on July 1, 2016. |
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Lonny Cavalier is a part-time freelance journalist for The Bayou Journal (Journal), a weekly newspaper located in Assumption Parish, for which he is compensated $40.00 per article and averages $200.00 per month. However, he does not have an office at the Journal, nor does he receive any benefits. Additionally, his wife is employed with the Journal as a receptionist, for which she is compensated at a rate of $9.30 per hour.
The Assumption Parish Police Jury has selected the Journal as the official journal for the Parish for the past several years. As such, the Sheriff's Office pays the Journal for publishing its legal notices. However, Mr. Cavalier's job duties as a Deputy Sheriff will not include any decision-making authority or making recommendations regarding the selection of the official journal. Finally, the Journal is owned by LSN Printing, and neither Mr. Cavalier nor any of his immediate family members have any ownership interest or exercise control of LSN Printing.
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Board Docket No. 82-02D creates an exception to Section 1111C(2)(d) of the Code when the following factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the employee owns less than a "controlling interest" in the company; and (4) the employee is neither an officer, director, trustee, nor partner in the company.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and any legal entity in which he exercises control or owns an interest in excess of twenty-five percent, from receiving 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. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:11115A(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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with his agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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