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Entry Properties
Last modified
7/12/2021 1:38:03 PM
Creation date
5/1/2014 12:02:25 PM
Metadata
2014-182
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2014-182
Requesting Party
Clayton E Lovell
Parties Involved
W L Gaiennie Company (WLGC)
Terrebonne Parish School Board
Oaklawn Junior High School
Elisabeth G. Gaiennie
Decision Date
4/25/2014
Law
R.S. 42:1113A(1)(a)
R.S. 42:1102(8)
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit a company owned by the spouse of a teacher at Oaklawn Junior High School from entering into a contract for public relations work with the Terrebonne Parish School Board. However, the Code of Ethics prohibits the company from performing public relations work that includes Oaklaawn Junior High School.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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STATE OF LOUISIANA <br /> °F 71.6"---. DEPARTMENT OF STATE CIVIL SERVICE <br /> oi ; , �'71 LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> • ' „L BATON ROUGE,LA 70821 <br /> , (225)219-5600 <br /> ".,,,''""°', FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.ta.us <br /> April 29, 2014 <br /> Clayton E. Lovell <br /> P.O. Box 3017 <br /> Houma, Louisiana 70361 <br /> Re: Board Docket No. 2014-182 <br /> Dear Mr. Lovell: <br /> The Louisiana Board of Ethics, at its April 25, 2014 meeting, considered your request for an <br /> advisory opinion regarding whether W.L.Gaiennie Company(hereinafter as"WLGC")can enter into <br /> a contract for public relations work with Terrebonne Parish School Board. Charles Gaiennie is the <br /> husband of Oaklawn Junior High School teacher Elisabeth G. Gaiennie. You stated that Charles <br /> Gaiennie owns ninety percent (90%) of WLGC. You stated in email that the public relations work <br /> would include organizing and distributing information on the activities of students and of the school <br /> district for parents and the community at large. <br /> The Board concluded and instructed me to inform you that the Code of Governmental Ethics(Code <br /> of Ethics) would not prohibit W.L. Gaiennie Company from entering into a contract for public <br /> relations work with Terrebonne Parish School Board.Section 11 13A(I)(a)prohibits a public servant <br /> or member of such a public servant's immediate family,or legal entity in which he has a controlling <br /> interest from bidding on or entering into any contract, subcontract,or other transaction that is under <br /> the supervision or jurisdiction of the agency of such public servant. Elisabeth Gaiennie's agency is <br /> Oaklawn Junior High. Assuming WLGC is not attempting to contract with Oaklawn Junior High <br /> School, but rather WLGC would be contracting with the Terrebonne Parish School Board, this <br /> contract would not be prohibited. <br /> However, the Board concluded and instructed me to inform you that WLGC would be prohibited <br /> from performing public relations work that includes Oaklawn Junior High School. The Code of <br /> Ethics defines a "controlling interest" in Section 1102(8) as any ownership in any legal entity or <br /> beneficial interest in trust, held by or on behalf of an individual or a member of his immediate <br /> family, either individually or collectively, which exceeds twenty-five percent of that legal entity. <br /> Charles Gaiennie's ninety percent ownership is considered a controlling interest held by an <br /> immediate family member. <br /> A transaction involving the governmental entity is defined by the Code of Ethics Section <br /> 1102(23)(c) as: <br /> Any proceeding,application,submission,request for a ruling or other determination, <br /> contract, claim, case or other such particular matter which the public servant or <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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