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Advisory opinion request regarding whether the provision of insurance services to St. John the Baptist Parish by Riverlands Insurance is prohibited now that its Producer has married the Director of Communications for St. John the Baptist Parish. |
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Riverland Insurance Services, through its agent Vincent Rollo, provides multiple insurance coverages to St. John the Baptist Parish. This insurance business was brought to Riverland Insurance Services through a Producer, who is an independent agent and can present his business to any insurance agency of his choice. The Producer is a 1099 contractor.
One month ago, the Producer married the Director of Communications for St. John the Baptist Parish. To the best of Mr. Rollo's knowledge, the Director of Communications has no input in selecting the type, amount or agent regarding insurance products.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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.
Rule 601: "Affected person" is defined as "any person or governmental agency, or the authorized representative of such person or agency with a demonstrable and objective interest in the Board's interpretation, construction, and application of any law within the Board's jurisdiction."
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Decline to render advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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