| Advisory Opinion request of Rep. Major Thibaut regarding his possible election to the position of Pointe Coupee Parish President. |
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Rep. Major Thibaut is considering running for the office of Pointe Coupee Parish President during the election to be held in November of 2018. If elected, he would assume office in January of 2019. He is also employed as an agent for New York Life and receives compensation from several other life and health insurance companies. His business is divided into three scenarios: (1) Life Insurance and Investments; (2) Property & Casualty Insurance and Health Insurance; (3) Blue Cross Blue Shield Agent of Record.
Rep. Thibaut asks whether he can continue to receive compensation from his clients, who are also vendors of Pointe Coupee Parish, if elected Parish President. Each scenario is detailed in the analysis section.
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AO 2016-886: Board advised Parish Council member that Section 1115A(1) would prohibit the indirect receipt of compensation for referrals for insurance policies.
AO 2016-028: Board advised Parish Council member that Code would not prohibit receipt of renewal income from AFLAC insurance for policies written prior to Council member taking office.
AO 2015-233: Board concluded that Washington Parish Fire District that was created by Washington Parish Council would be a part of Council member's agency.
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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.
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.
La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from an 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 have a business, financial, or contractual relationship with the public servant's agency.
La. R.S. 42:1102(2)(a)(vi): An agency, for public servants of political subdivisions, is the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 42:1102(17): A political subdivision means any unit of local government, including a special district, authorized by law to perform governmental functions.
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 the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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