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Page 3 of 3 <br /> Ethics Docket 2011-1632 <br /> application fees,etc. The Public Defender Board supplements that funding with an annual District <br /> Assistance Fund grant. However, you have absolute authority as to how that money is spent with <br /> the exception of your own compensation which was "grandfathered" in the Act, at a minimum, of <br /> what I was being paid on January1, 2007. You stated that the Board does, of course, have <br /> "regulatory authority" over whether you are complying with the requirements of the Act. <br /> Lastly, you state that you employ all the employees of your office. All the attorneys are 1099 <br /> employees. All the office staff who work in your office are full-time, W-2 employees. You are also <br /> a full-time public defender but you are a 1099 employee because that is the way your"contract"was <br /> drafted by the Board. Based on the foregoing, your question is whether it would be ethical to pay <br /> the utilities and telephone bills listed of the I l th/42nd Judicial District Defender's Office out of the <br /> 11 th/42nd Judicial District Indigent Defender Fund. <br /> The Board concluded and instructed me to inform you,that no violation of the Code of Ethics would <br /> appear to be presented if the payment of the above named utilities were paid from the 11`h/42"`' <br /> Judicial District Indigent Defender Fund. Section 1113A of the Code does prohibit a public servant <br /> from bidding on or entering into a contract, subcontract, or transaction under the supervision or <br /> jurisdiction of the public servant's agency. However, by paying the utilities mentioned above you <br /> would not be entering into a contract,subcontract,or transaction under the supervision or jurisdiction <br /> of your agency(1 1`h/42'Judicial District Indigent Defender's Office). You will not be negotiating <br /> a separate contract with the Louisiana Public Defender Board or the 11`h/42"`' Judicial District <br /> Indigent Defender Office. You will simply be paying directly from the fund established by La. R.S. <br /> 15:168. The utilities you wish to pay from this fund are similar to other payments that are made <br /> from the fund (e.g. supplies, attorney's salaries, and expert witness fees, etc.). Further, according <br /> to statements made by you and General Counsel for the Louisiana Public Defender Board, you <br /> administer your own district public defender fund,and determine how the money in the fund is spent. <br /> Therefore, the Code of Ethics would not prohibit the 11`h/42' Judicial District Indigent Defender <br /> Fund from paying the named utilities. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any <br /> questions, please contact me at (225) 219-5600 or(800) 842-6630. <br /> Sincere y, <br /> LOUI ANAs BO-ARD OF ETHICS <br /> -`Brent E. Durham'- <br /> For the Board <br />