| A Request for an Advisory Opinion, submitted by the Vidalia Chief of Police Joey Merrill, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the Vidalia Police Department ("VPD") from accepting monetary donations from the Riverpark Medical Center to be used as Chief Merrill sees fit. |
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Chief Merrill stated that the Riverpark Medical Center would like to make a monetary donation to the VPD. Chief Merrill requested an advisory opinion as to whether: 1) the VPD can accept the donation; 2) there any restrictions on the use of donations to the VPD; 3) VPD can use the donations to purchase flower arrangements and food trays for the funerals of deceased Vidalia residents; and, 4) the VPD would be allowed to deposit donation funds into a VPD checking account.
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La. R.S. 42:1112(B)(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1112(B)(2) prohibits a public servant from participating in a governmental transaction in which any person in which he has a substantial economic interest of which he may reasonably be expected to know.
La. R.S. 42:1112(B)(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1112(B)(4) prohibits a public servant from participating in a governmental transaction in which a person with whom they are negotiating for future employment has a substantial economic interest.
La. R.S. 42:1112(B)(5) prohibits a public servant from participating in a transaction in which the following person has a substantial economic interest: Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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