| Advisory opinion request regarding whether Erin Guerra can be employed with NANO, LLC, while she is employed as a Building Plan Examiner with the New Orleans Department of Safety and Permits. |
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Erin Guerra is employed as a Building Plan Examiner with the New Orleans Department of Safety and Permits (Department). The Department administers and enforces standards for the construction and use of buildings and property; promotes and protects the public's interest and safety to life and property; and, enforces the Comprehensive Zoning Ordinances (CZO) to protect the quality of New Orleans' neighborhoods. Ms. Guerra's job duties include reviewing architectural plans for commercial and residential projects for compliance with all city, state, and international building codes.
Ms. Guerra has applied for a position with NANO, LLC (NANO), a design-build firm headquartered in New Orleans, to gain the hours and experience required for a professional license in Architecture. Additionally, Ms. Guerra's supervisor, Zachary Smith, has approved her request to seek outside employment with NANO, while maintaining her employment with the Department.
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La. R.S. 42:1111C(2)(d) prohibits a public servant, or legal entity in which she 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 her public service unless such services are neither performed for nor compensated by any person that conducts operations or activities which are regulated by her agency or has substantial economic interests which may be substantially affected by the performance or nonperformance of her official duty.
La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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