| Whether Barbera Chevrolet is prohibited from selling vehicles to Assumption Parish or any of its subsidiaries, particularly the Assumption Parish Water Works District, while an employee's husband serves as a member of the Assumption Parish Police Jury. |
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In Docket No. 2013-1355, Myron Matherne entered into a Consent Order with the Board where the Board found that Mr. Matherne, while serving as a member of the Assumption Parish Police Jury, violated R.S. 42:1111C(2)(d) by virtue of his receipt of a thing of economic value through his wife's salary as an employee of Barbera Chevrolet that had a financial and business relationship with the Assumption Parish Police Jury when it was selling vehicles to the Assumption Parish Water Works District, which is part of Mr. Matherne's agency as a member of the police jury.
Robert Barber, President of Barbera Chevrolet is seeking an opinion as to why his company cannot sell vehicle to Assumption Parish, Assumption Parish Water Works District or other Assumption Parish subsidiaries.
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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. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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