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STATE OF LOUISIANA <br /> of �o4s DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P 0 BOX 4365 <br /> tl` BATON ROUGE,LA 76621 <br /> (225)219- <br /> FAX' 1-72 <br /> ]1 <br /> Y600-8C2 6630 <br /> www.emicsIs.gov <br /> September 12, 2023 <br /> F. Barry Marionneaux <br /> A Professional Law Corporation <br /> 23615 Railroad Avenue <br /> Plaquemine, Louisiana 70764 <br /> RE: Docket No.2023-631 <br /> Advisory Opinion <br /> Dear Mr. Marionneaux: <br /> The Louisiana Board of Ethics (`Board"), at its September 8, 2023 meeting, considered your <br /> request for an advisory opinion as to whether the Louisiana Code of Governmental Ethics("Code") <br /> requires Bayou Lafourche Fresh Water District(`BLFWD")Board of Commissioner Ray Charles <br /> Mayer to recuse himself from votes concerning a potential contract with his employer, GIS <br /> Engineering, LLC ("GIS"). <br /> FACTS PROVIDED <br /> Mr. Mayer was appointed to the BLFWD Board on December 4, 2015. He has been employed by <br /> GIS since January 1, 2019. He is currently a Senior Mechanical Engineer. Mr. Mayet is not an <br /> owner, officer, director, trustee, or partner in GIS. Mr. Mayet has inquired whether he can <br /> participate in the discussion and debate concerning GIS's potential contract with BLFWD and <br /> whether he is required to recuse himself from voting on the issue. <br /> LAW <br /> La. R.S. 42:1111(C)(2)(d) prohibits a public servant from receiving anything of economic value <br /> for services provided to a person who has, or is seeking to obtain, a contractual, business, or <br /> financial relationship with the public servant's agency. <br /> La. R.S. 42:1112(B)(3)provides that no public servant shall participate in a transaction involving <br /> the governmental entity in which, to his actual knowledge, any person of which he is an officer, <br /> director, trustee,partner, or employee has a substantial economic interest. <br /> La. R.S. 42:1120.4 allows the appointed board member to recuse herself from any discussion, <br /> debate,and vote on any matter which would violate Section 1112. <br /> ANALYSIS <br /> La. R.S. 42:1111(C)(2)(d) prohibits Mr. Mayet from receiving anything of economic value <br /> (whether as anemployee or independent contractor) including his compensation as an employee, <br /> from GIS for any services, while GIS has, or is seeking to obtain, a contractual, business, or <br /> financial relationship with Mr. Mayet's agency, the BLFWD. Specifically, Mr. Mayet would be <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />