2025-224 - Laserfiche WebLink

eco Zomic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. I.a.R.S.42:1115A(1)prohibits a public servant from soliciting or accepting,directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, ageit, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency. La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for members of a governing authority, the governmental entity. La. R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. La. R.S. 42°1102(19) defines "public servant"to mean a public employee or an elected official. ANALYSIS As a member of the Mandeville City Council, you are a public servant, pursuant to La. R.S. 42: '.102(19). Your agency is the City, pursuant to La. R.S. 42:1102(2)(a). La. R.S. 42:1111C(2)(d) provides that no public servant, or an entity in which they either own more than 25% or exercise control, may receive compensation for services rendered to a person who has a business or financial relationship with their agency. If the Company becomes a non- pro it,you would not own more than 25%of the Company,because it would be a non-profit entity. However, you would exercise control over the Company. Accordingly, the Company would be prohibited from receiving compensation for services rendered to persons who have business relationships with the City. In the case of donations received by the Company, such donations would not be prohibited,as that does not constitute compensation for services rendered. However, to the extent that a sponsorship would be payment for services rendered by the Company, such spo 7sorships would be prohibited. La. R.S. 42:1115A(1) provides that no public servant may, even indirectly, solicit or accept a gift or gratuity from a person who has business relationships with their agency. If you received a salary ftorn the Company, than any gift received by the Company would be considered your indirect N.01ptance of a gift. Accordingly, if you are paid by the Company, the Company is prohibited from receiving donations from vendors who transact with the City. If your service to the non-profit is uncompensated, then the prohibition in La. R.S. 42:1115A(1) would not apply, as you would not be indirectly receiving a gift. CONCLUSION The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics does not prohibit the Company from receiving donations from persons who do business with the City, out the Code of Governmental Ethics would prohibit the Company from receiving compensation for services rendered to persons who do business with the City. Further, the Company would be prohibited from accepting gifts from persons who do business with the City if you receive compensation from the Company. Page 2 of 3 (BD 2025-224)