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Last modified
8/28/2025 7:02:34 PM
Creation date
7/7/2025 3:58:08 PM
Metadata
2025-309
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2025-309
Requesting Party
Jared Marcell
Parties Involved
Jared Marcell
Agency at Issue
New Orleans Public Library (NOPL)
Decision Date
7/3/2025
Law
La. R.S. 42:1111C(2)(d)
Caption
The Code of Governmental Ethics does not prohibit Jared Marcell, a New Orleans Public Library employee, from starting a video podcast, but it does prohibit him from receiving anything of economic value from any person who has or is seeking to obtain a contractual, business, or financial relationship with his agency.
Ethics Subject Matters
Prohibited Sources
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La. R.S. 42:1102(18)(a)(ii) defines "public employee' as any person who is appointed by any <br /> elected official when acting in an official capacity, and the appointment is to a post or position <br /> wherein the appointee is to serve the governmental entity or an agency thereof,either as a member <br /> of an agency, or as an employee thereof. <br /> La. R.S. 42:1102(19) defines "public servant"to include a public employee or an elected official. <br /> ANALYSIS AND CONCLUSION <br /> As an employee of NOPL you are a public servant pursuant to La. R.S. 42:1102(18)and(19).Your <br /> agency for purposes of the Code is the current Branch Library in which you serve pursuant to La. <br /> R.S. 42:1102(2)(a). <br /> The Board concluded and instructed me to inform you that under the facts as stated above no <br /> provision of the Code prohibits you from starting your own video podcast. Generally, La. R.S. <br /> 42:1111 C(2)(d) prohibits you from receiving anything of economic value from any person who <br /> has or is seeking to obtain a contractual, business, or financial relationship with your NOPL <br /> Branch. Since, you do not intend to solicit sponsorship from your agency or any person who is a <br /> vendor of your agency, there is no violation of the Code if you produce your pod cast. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Suzanne Q. Mooney -� <br /> For the Board <br />
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