| Advisory opinion request from Terrebonne Parish Sheriff Jerry Larpenter regarding whether the Code of Governmental Ethics would prohibit his office from entering into a contract with Anthony J. Alford Insurance Company while his wife, Priscilla Larpenter, is employed with the Insurance Company. |
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Terrebonne Parish Sheriff Jerry Larpenter requested an advisory opinion regarding whether the Code of Governmental Ethics would prohibit his office from entering into a contract with Anthony J. Alford Insurance Company to supply health disability and death benefits while his wife, Priscilla Larpenter, is employed with the Insurance Company. He provided that his wife has been employed for years with Anthony J. Alford Insurance Company as an executive office administrator. He stated that she is on a flat salary. She does not receive any commissions or bonuses. He added that she does not have any ownership interest in Anthony J. Alford Insurance Company.
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La. R.S. 42:1111C(2)(d) prohibits a public servant or 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 services 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 La. R.S. 42:1115(A)(1) or (B) from receiving a gift.
Advisory Opinion 82-02-D provides a limited exception to the prohibition contained in La. R.S. 42:1111C(2)(d). That opinion makes La. R.S. 42:1111C(2)d) inapplicable to public servants who meet all of the following criteria: 1) the public servant must be regularly compensated by the non-governmental employer pursuant to a uniform standard (i.e., a salaried or wage-earning employee), 2) the salary of the public servant is unaffected by the business relationship between the non-governmental employer and the agency of the public servant, 3) the public servant owns less than a controlling interest in the non-governmental employer, and 4) the public servant is neither an officer, director, trustee or partner in the non-governmental employer
La. R.S. 42:1115A(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 have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1114 requires a public servant, and each immediate family member ,who derives a thing of economic value, directly, through any transaction, involving the agency of such public servant or who derives a thing of economic value through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any other transaction under the supervision or jurisdiction of the agency of such public shall file a disclosure statement annually with the Board of Ethics stating: 1) the amount of income derived, 2) the nature of the business activity, 3) name and address, and relationship to the public servant, and 4) the name and business address of the legal entity.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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