2022-014B - Laserfiche WebLink

presenting a potential, rather than an actuality, of wrongdoing. The wrongdoing does not have to occur in order for a prohibited conflict to exist. A public official may have done no wrong in the ordinary sense of the word,but a conflict of interest may put him in danger of doing wrong. The Code is aimed at avoiding even this danger. For this purpose, the Code identifies certain types of conflicts of interests and prohibits conduct by public officials which would bring these conflicts into being.Additionally,the Code empowers the Board to determine when a conflict of interests exists and to impose certain sanctions." Citing Glazer a Com'n on Ethics for Public Employees, 431 So.2d 752, 755-56 (La. 1983). To prevent any such conflict, La. R.S. 42:1111C(2)(d) provides: No public servant, and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be 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 R.S. 42:1115(A)(1) or(B) from receiving a gift. La. R.S. 42:1115 provides, in pertinent part: A. No public servant shall solicit or accept, 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: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; B. No public employee shall solicit or accept, directly or indirectly, anything 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 employee knows or reasonably should know that such person: (1) Conducts operations or activities which are regulated by the public employee's agency. (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants who are members or employees of a board or commission to mean the board or commission. Page 3 of 5 (BD 2022-014B)