| Advisory opinion request by Julie Samson, Chief of Staff for the Office of the Lieutenant Governor, regarding whether Josh McNemar, an unclassified employee of the Office of the Lieutenant Governor, may work on Billy Nungesser's personal social media accounts, which will become campaign accounts when the times comes, and related matters after-hours for compensation. |
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The work Mr. McNemar would perform could involve social media posting and management and invitation, flyer, and brochure design. Mr. McNemar has an understanding that the work would have to be performed after-hours and does not feel compelled or coerced into this work. Compensation made to Mr. McNemar would come from Billy Nungesser's campaign account.
Mr. McNemar serves in the role of senior advisor in the Office of the Lieutenant Governor. In this position, he provides executive-level support to the Lieutenant Governor's Executive Management Team, which includes Lieutenant Governor Billy Nungesser, Mr. McNemar, and the Deputy Secretary, for issues involving the Lieutenant Governor's Office and the Department of Culture, Recreation and Tourism, including constituent services, special projects, key initiatives, grant management, policy development and foreign relations. Julie Samson is Mr. McNemar's direct supervisor.
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La. R.S. 42:1112B(2) provides that no public servant, except as provided in La. R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person in which he has a substantial economic interest of which he may be reasonably expected to know has a substantial economic interest.
La. R.S. 42:1102(21) provides that a "substantial economic interest" means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: A) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office. B) The interest that an elected official who is elected to house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter. C) The interest that a person has as a member of the general public.
La. R.S. 42:1115 provides that no public servant shall solicit or accept, directly or indirectly, anything 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 know or reasonably should know that such person: 1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, 2) is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency, 3) conducts operations or activities which are regulated by the public employee's agency, or. 4) has a substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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| Assigned Attorney: |
Brett Robinson |
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