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Advisory opinion regarding whether Marty Trahan, an Iberia Parish Councilman, may continue to work at Office Mart, Inc. while it transacts business with Iberia Parish and its agencies. |
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Marty Trahan is a recently elected Iberia Parish Councilman. Mr. Trahan also works for Office Mart, Inc. Iberia Parish Government is a customer of Office Mart. Office Mart also sales supplies to the Iberia Parish Airport Authority, Iberia Parish Hospital Service District No.1 and the Iberia Parish Fire Protection District No.1.
Mr. Trahan stated that he is a salaried employee, is not an owner or office of Office Mart and receives no commission on any sales to Iberia Parish or its agencies. Further, Mr. Trahan does not participate on behalf of office Mart in any sales between Office Mart and Iberia Parish.
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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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