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Advisory opinion regarding whether Iberia Parish Councilman David Wayne Romero may continue to work for Fremin's Food and Furniture, Inc. when it transacts business with Iberia Parish and its agencies. |
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Wayne Romero was recently elected to the Iberia Parish Council. Mr. Romero also works for Fremin's Food and Furniture, Inc. Fremin's sells groceries, furniture and fireworks to businesses and governmental bodies. Acadiana Fairgrounds Commission, a commission under Iberia Parish Government, is a customer of Fremin's.
Mr. Romero stated that he is a salaried employee who does not receive any commissions. Further, he is not an owner or officer of the company. In addition, he does not participate in any transactions between Fremin's and the Iberia Parish Government or agencies on behalf of Fremin's.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from 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 have a contractual, business or financial relationship with the public servant's agency.
Ethics Board Docket No. 82-02D provides an exception to Section 1111C(2)(d) of the Code when certain 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.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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