Meetings
 
Agenda Item
Docket No. 13-654
 
Print
RE:
Advisory opinion regarding whether Angela Bitner may continue to contract with the St. Tammany Gravity Drainage District No. 5 while she is employed with the St. Tammany Parish Government in the Department of Finance.
Facts:
Angela Bitner is employed as an Internal Analyst in the Department of Finance for St. Tammany Parish Government. Ms. Bitner is also a part-time bookkeeper for the St. Tammany Parish Gravity Drainage District No. 5 and is paid as an independent contractor. She answers any questions the board may have regarding the books and assists the District during its annual external audit. Ms. Bitner is seeking an opinion on whether this creates a conflict and whether there are any disclosures she is required to file.

Law:
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.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-654- Advisory Opinion Request