Meetings
 
Agenda Item
Docket No. 17-281
 
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RE:
Advisory Opinion request regarding the propriety of Rosa DeJean, a Deputy Clerk of Court with the Orleans Parish Civil District Court, notarizing documents.
Facts:
Rosa DeJean is employed as a Deputy Clerk of Court with the Orleans Parish Civil District Court. She passed the notary exam in December.
Law:
Rule 601A of the Administrative Rules for the Board of Ethics provides that the Board shall receive requests for advisory opinions filed with it by affected persons. Requests for advisory opinions shall be in writing, state the name and address of the person requesting the advisory opinion, disclose her interest in the question presented, state the governmental agency and/or individual involved, specifically describe the transaction involved, be signed by the person making the request, and state sufficient facts to enable the Board to respond. The Board may decline to render an opinion with regard to any such request.

La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.

La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant 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 who has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.

La. R.S. 42:1111E prohibits a public servant, and a 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, from receiving or agreeing 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.

La. R.S. 42:1121B(1) prohibits a former public employee, for a period of two years following the termination of her public employment, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during her public employment and involving the governmental entity by which she was formerly employed, or for a period of two years following termination of her public employment, rendering, any service which such former public employee had rendered to the agency during the term of her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which she was formerly employed.

Recommendations:
Decline to render.
Assigned Attorney: Haley Williams
 
 
ATTACHMENTS:
Description:
2017-281 AOR