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Advisory opinion request from Tensas Parish Council on Aging (Council) Executive Director Clarissa C. Newman regarding whether the Code of Governmental Ethics would prohibit the Council from purchasing property from a former board member.
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The Executive Director stated that the Council would like to purchase a building from the Aunt of a board member once the board member resigns her position and she finalizes her duties as executor of her mother's estate leaving the building to her aunt.
On July 21, 2020, an e-mail and phone call were issued to request further information from the Director of the Council. No answers have been received to date.
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La. R.S. 42:1121A(2) of the Code prohibits a former member of a board, for a period of two years following the termination of his public service on such a board, from contracting with, being employed in any capacity, or by being appointed to any position by that board.
La. R.S. 42:1121 B(1) provides that no former public employee shall, for a period of two years following termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to for, or on behalf of the agency with which he was formerly employed.
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Decline to render opinion at this time and advise Executive Director Clarissa C. Newman that she may re-submit once she has further details.
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| Assigned Attorney: |
Suzanne Mooney |
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