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Entry Properties
Last modified
4/1/2024 8:40:10 AM
Creation date
12/5/2022 10:47:49 AM
Metadata
2022-569
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-569
Requesting Party
Penny Comena
Parties Involved
Glory Angels, LLC
Penny Comena
Family Service Center
Agency at Issue
Family Service Center in West Feliciana Parish
Decision Date
12/22/2022
Law
La. R.S. 42:1111C(1)(a)
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1113A(1)(a)
La. R.S. 42:1115A
La. R.S. 42:1115B
Caption
The Code of Governmental Ethics prohibits Penny Comena from serving as a teacher for the Family Service Center while also owning and operating Glory Angels, LLC.
Ethics Subject Matters
Prohibited Sources
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> any person during his public service unless such services are: <br /> (d)Neither performed for nor compensated by any person from whom such public servant <br /> would be prohibited by R.S.42:1115(A)(1)or(B)from receiving a gift. <br /> La. R.S. 42:1113A(l)(a) provides that no public servant, excluding any legislator and any <br /> appointed member of any board or commission and any member of a governing authority of a <br /> parish with a population of ten thousand or less, or member of such a public servant's immediate <br /> family,or legal entity in which he has a controlling interest shall bid on or enter into any contract, <br /> subcontract,or other transaction that is under the supervision or jurisdiction of the agency of such <br /> public servant. <br /> La R.S. 42:1115A. No public servant shall solicit or accept, directly or indirectly, any thing of <br /> economic value as a gift or gratuity from any person or from any officer, director, agent, or <br /> employee of such person, if such public servant knows or reasonably should know that such <br /> person: <br /> (1) Has or is seeking to obtain contractual or other business or financial relationships <br /> with the public servant's agency. <br /> La. R.S. 42:1115B B. No public employee shall solicit or accept, directly or indirectly, anything <br /> of economic value as a gift or gratuity from any person or from any officer, director, agent, or <br /> employee of such person, if such public employee knows or reasonably should know that such <br /> person: <br /> (1) Conducts operations or activities which are regulated by the public employee's agency. <br /> (2) Has substantial economic interests which may be substantially affected by the <br /> performance or nonperformance of the public employee's official duty. <br /> ANALYSIS <br /> If you were to accept a teaching position with the Family Service Center while continuing to own <br /> and operate Glory Angels,LLC,then you would violate La.R.S.42:1111C(1)(a) since you would <br /> be receiving a thing of economic value for services to Glory Angels, the subject matter of which <br /> are devoted substantially to the responsibilities, programs, or operations of the Family Service <br /> Page 2 of 3 (BD 2022-569) <br />
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