2018-776 - Laserfiche WebLink

-6 First, the Board is aided in its interpretation of the prohibitory provisions of the Code, particularly, by the Legislature's Declaration of Policy contained in the Preamble to the Code at Section 1101 B. There, it is provided that a fundamental purpose of the Code is to insure that governmental decisions are ". . . made in the proper channel of the governmental structure . . ." and that ". . . public . . . employment not be used for private gain . . . ." Second, in interpreting a provision of the Code, the Board attempts to define the evil or mischief's sought to be eradicated by the particular section of the Code under scrutiny; and, having focused its attention on that evil or mischief, the Board interprets that section of the Code in such a fashion as would thwart that evil or mischief, on the one hand, and yet create no unreasonable impediments to public service. • Applying these standards of interpretation to Section 1111 C(2) (d) in the context of "A", a salaried employee of an industrial facility, it is clear to the Board that Section 1111 C(2)(d) was neither designed nor intended to prohibit "A" from continued salaried employment with the "ABC" Company, under the given circumstances, notwithstanding that the "ABC" Company "is seeking to obtain contractual or other business or financial relationships with the ('XYZ' Parish Council]." This ruling is a limited one. The Board rules only that Section 1111 C(2)(d) is inapplicable to those public servants who meet all of the following criteria: 1. The public servant must be a regularly compensated employee of the nongovernmental "person" engaged pursuant to a uniform standard of personnel administration; (i.e., a salaried or wage—earning employee) 4110 2. The salary, wages and other usual employment emoluments of the public servant must be 2 G