| Advisory opinion regarding whether an alderman for the Town of Haughton, Larry Small, may continue to work for a company, Louisiana Machinery Co. LLC, if he runs for Bossier Parish Police Jury and the company currently does business with the Town and the Parish. |
|
|
Larry Small has been an alderman for the Town of Haughton since 2009. He is also employed as a customer service representative for Louisiana Machinery Co., LLC, and has been in the position since 2002. As a customer service representative, Mr. Small states that he is a salary employee with no commissions. He states that his responsibilities include assisting customers with technical issues and performing machine deliveries, training customers on the new machines and operator training. He has no ownership interest in Louisiana Machinery. Louisiana Machinery Co., LLC sells machines to the Town of Haughton and to several agencies in Bossier Parish.
|
|
Section 1111C(2)(d) prohibits a public servant from accepting anything of economic value, for services rendered, from a person who has a business, financial, or any other contractual relationship with the agency of the public servant.
Ethics Board Docket No. 82-02D creates an exception to Section 1111C(2)(d) of the Code when the following factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company. This exception only applies to public servants who are existing employees of the person or entity that has or is seeking a business or financial relationship with the public servant's agency.
Section 1114 requires a public servant who receives any thing of economic value through a person that has bid on or entered into a contract under the supervision or jurisdiction of the public servant's agency to annually disclose any income or thing of economic value received.
|
|
|
Adopt the advisory opinion.
|
|
| Assigned Attorney: |
Aneatra Boykin |
|
|