| Advisory opinion request, submitted by Vance J. Normand, Jr., regarding whether the Code would prohibit him from receiving retirement benefits from and owning stock in Entergy while serving as a member of the Capital Area Groundwater Conservation Commission. |
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Mr. Normand is a board member of the Capital Area Groundwater Conservation Commission (CAGCC) and was employed by Entergy Operations, Inc. from 1978 until his retirement in 1999. The CAGCC has the authority to limit the withdrawal of well water used by Entergy and set fees for the water used. He receives medical benefits from Entergy in the form of a Medicare supplemental policy for which he pays a premium and receives no other compensation or income from Entergy and has not since retirement. Additionally, he stated he owns Entergy stock that comprises three percent of his net worth and does not exercise any control over the entity in which he owns stock.
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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.
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Adopt the proposed opinion.
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| Assigned Attorney: |
Matthew DeVille |
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