| Advisory opinion regarding Gaston Dupas, Jr., continuing his part-time employment with Autozone while he is employed with the City of New Iberia Public Works Department. |
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Gaston Dupas is a part-time employee with Autozone at its Broussard, Louisiana location. He has recently accepted employment with the City of New Iberia Public Works Department as an Automotive Equipment Mechanic. Mr. Dupas stated that the City of New Iberia does have an account with Autozone at its New Iberia location. Both the New Iberia and Broussard locations are owned by the same owners. According to the New Iberia City Finance Department, the public works department has not purchased items from Autozone in two years.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, 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: (d) Neither performed for nor compensated by 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 the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
Ethics Board Docket No. 82-02D provides an exception to Section 1111C(2)(d) of the Code when certain 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 public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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