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Entry Properties
Last modified
4/1/2024 8:39:23 AM
Creation date
7/11/2022 11:56:33 AM
Metadata
2022-354
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-354
Requesting Party
Toni Celestine
Parties Involved
Toni Celestine
Read the Syllabus
Agency at Issue
South Louisiana Community College
Decision Date
7/8/2022
Law
1111C(1)(a)
1115
Caption
Advisory opinion that the Code of Ethics would not prohibit an employee of the South Louisiana Community College Office of Student Services from providing services through a nonprofit for compenstion as long as though services are not substantially devoted to the operations, programs and responsibilities of her agency and in which she participated.
Ethics Subject Matters
Outside Employment
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what is done during normal business hours,that they could logically be viewed as either stemming from the work <br /> hour services or as a direct consequence or necessity because of a public servant's work hour services. <br /> Section 1111C(2)(d)of the Code also evokes a few common misconceptions. For example,public servants <br /> often believe that because they are actually providing the additional services and are being paid at a fair rate for <br /> those services,there can be no Ethics Code violation in providing those services. This is not true. Just because you <br /> are actually doing the work and are being paid a reasonable market rate for doing the work does not erase the fact <br /> that the services are being rendered to a prohibited source. The Ethics Code views this situation as a conflict of <br /> interest which cannot be resolved other than by avoiding the situation all together. You simply may not provide <br /> compensated services to the groups of people earlier discussed in this fact sheet. <br /> Another common misconception surrounding Section 1111C(2)(d)is that as long as the services to be provided <br /> are not related to the contract,business or financial relationship the person has with your public agency,then there <br /> can be no Ethics Code violation in providing those services. This,as well,is not true. Section 1111C(2)(d)deals <br /> with prohibited sources of income and once someone is a prohibited source because of one of the enumerated <br /> relationships,then they are a prohibited source of income for you as long as that relationship lasts. Period. The <br /> nature of the services you are to provide is irrelevant. <br /> The Board encourages public servants to seek advice from the Board as to how the law applies to their <br /> specific situation(s)by writing and requesting an advisory opinion. Advisory opinions are not issued as to <br /> past conduct,but can provide crucial advice on how to avoid problems in the future. If you wish to obtain <br /> an advisory opinion,please send your request to the address provided at the beginning of this fact sheet. You <br /> may also call our staff which is available to provide informal advice over the telephone at(225)219-5600 <br /> or 1-800-842-6630. The Board has a web site located at:www.ethics.state.la.us <br /> This information sheet is only a summary of the financial disclosure provisions contained in§I l 11 of the Code of Governmental Ethics. <br /> If interpretations of this information sheet conflict with the provisions of the Code,the Code will control. <br /> Prohibited Sources Fact Sheet Page 3 <br />
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