| Advisory Opinion request from John Stovall, Director of Finance for Council on Aging St. Tammany, regarding board members entering into transactions with the agency. |
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John Stovall is the Director of Finance for the Council on Aging for St. Tammany Parish ("COAST"). At a recent board meeting, the COAST board present asked Mr. Stovall to inquire as to the ethical consequences of the following hypothetical: A COAST maintenance employee unknowingly purchasing an air filter for COAST from a hardware store that is owned by a Board Member of COAST.
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La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1153A: Upon a determination that any elected official or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board may censure the elected official or person, or impose a fine of not more than ten thousand dollars, or both.
La. R.S. 42:1153B: Upon a determination that any public employee or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, the Ethics Adjudicatory Board may remove, suspend, or order a reduction in pay, or demotion of the public employee or other person, or impose a fine of not more than ten thousand dollars, or both.
La. R.S. 42:1155A: If an investigation conducted pursuant to this Part reveals that any public servant or other person has violated any law within the jurisdiction of the Board of Ethics to his economic advantage, and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the payment of penalties. Recovery may include, in addition to an amount equal to such economic advantage, penalties not to exceed one half of the amount of the economic advantage.
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Decline to render an opinion.
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| Assigned Attorney: |
David Bordelon |
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