| Advisory opinion request regarding whether the Mayor of the Village of Forest Hill may operate a private business and advertise it with the Louisiana Municipal Association. |
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Charles Elliot, the Mayor of the Village of Forest Hill, would like to start a commercial lease and loan brokerage operation servicing the needs of small businesses throughout Louisiana and adjacent states, and such entities such as municipal governments, fire departments, police departments, and maintenance departments. The business would be conducted from his home office and no assets would be used from the office he utilizes as mayor. He would like to advertise this business in the LMA's monthly publication, the Louisiana Municipal Review, and set up a table at the LMA's semi-annual convention to distribute advertising materials.
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La. R.S. 42:1113A(1)(a) of the Code prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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