| Withdrawal of a request for advisory opinion, submitted by Atty. Alesia Ardoin, regarding a request for reconsideration of an advisory opinion previously issued by the Board in Docket No. 2018-401 - July 23, 2018. |
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Alesia M. Ardoin, attorney for the
Jefferson Parish Fire Fighters Association - Local 1374 - International Association of Fire Fighters ("Union"), submitted a
request for reconsideration of an advisory opinion previously issued by the Board in Docket No. 2018-401 - July 23, 2018. Originally, counsel on behalf of the Jefferson Parish Fire Civil Service Board ("Fire Board") requested an advisory opinion concerning whether the Code applied to the Fire Board and whether it required the recusal of a Fire Board member in various situations.
According to the "new" Request for an Advisory Opinion, the Union's counsel opines that "[T]he Ethics Code does not prohibit the Fire Fighters Union from paying for legal services in connection with the representation of its members in matters before the Civil Service Board while Mr. Burkett serves as an elected member of the Civil Service Board and is the Vice President of the Fire Fighters Union." In so concluding, the Union's counsel asserts that La. R.S 42:1111E does not apply to this set of facts. Additionally, it is the Union's position that La. R.S. 42:1123(1) permits the participation that the Board has determined to be prohibited.
On two (2) occasions, this matter was reviewed extensively and the Board concluded that "the Code of Governmental Ethics prohibits the Union from representing its members before the board while Mr. Burkett serves as Vice-President of the Union and as a member of the board. La. R.S. 42:1111E prohibits a public servant or a legal entity of which such public servant is an officer, director, trustee, partner, or employee from receiving anything of economic value for assisting a person in a transaction with the agency of the public servant." However, despite the lack of a change in facts, the Union seeks a second reconsideration of the same request a little more than one year after the first reconsideration.
On November 14, 2019, Mrs. Ardoin informed staff that she intended to file an Application for a Declaratory Opinion, effectively withdrawing her request for an advisory opinion.
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La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1123(1) provides an exception for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received.
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Decline to render an advisory opinion and allow the withdrawal of the request.
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| Assigned Attorney: |
LaToya D. Jordan |
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