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Last modified
7/12/2021 1:37:17 PM
Creation date
12/8/2014 3:12:28 PM
Metadata
2014-1226
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2014-1226
Requesting Party
Valencia Vessel Landry
Parties Involved
Terry C. Landry, Jr.
Office of the State Attorney General
State Representative Terry C. Landry, Sr.
Decision Date
11/21/2014
Law
R.S. 42:1113C
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit immediate family members of a State Representative, who own a law firm, from being empoyed with a state agency, excluding the legislative branch. Further the attorneys are not prohibited from entering into a professional services contract with the Office of the State Attorney General as long as the contract is based on the criteria set forth by the Office of Risk Management.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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STATE OF LOUISIANA <br /> Ifr., of L°Vis,9. DEPARTMENT OF STATE CIVIL SERVICE <br /> 60 ., y: LOUISIANA BOARD OF ETHICS <br /> 'y ;iii.;;.. '''i; r- <br /> • <br /> P.O.BOX 4368 <br /> ��� � *� BATON ROUGE,LA 70821 <br /> „. ,/ (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> November 25, 2014 <br /> Valencia Vessel Landry <br /> 25420 Highway 1, Suite F <br /> Plaquemine, Louisiana 70764 <br /> Re: Ethics Board Docket No.2014-1226 <br /> Dear Ms. Landry: <br /> The Louisiana Board of Ethics, at its November 21, 2014 Board meeting, considered your request for an <br /> advisory opinion regarding whether the Code of Governmental Ethics(Code)prohibits you or your husband, <br /> Terry C. Landry, Jr., from entering into a professional legal services contract with the Office of the State <br /> Attorney General or to gain employment with a state agency while being an immediate family member of <br /> State Representative 'Terry C. Landry, Sr. You and Terry C. Landry. Jr. own a law firm involved in a <br /> potential contract with the Office of the State Attorney General. Terry C. Landry, Jr. is your husband and <br /> the son of State Representative Terry C. Landry, Sr. Both of you are a defined as an immediate family <br /> member of the legislator. <br /> La. R.S.42:1113C prohibits a legislator,member of his immediate family,or legal entity in which he has a <br /> controlling interest from bidding on or entering into or being in any way interested in any contract, <br /> subcontract,or other transaction involving the legislator's agency,the"legislative branch"as the agency is <br /> defined in La.R.S.42:1 102(2)(A)(iv). Further, La. R.S.42:1113D(b)(I)provides that no immediate family <br /> member of a legislator, except his spouse, nor any legal entity of a family member shall enter into any <br /> contract with state government unless the contract is awarded by competitive bidding. However,subsection <br /> (ii)provides an exception which allows immediate family members to enter into contracts for professional <br /> services with the attorney general's office which is based on the criteria set forth by the office of risk <br /> management. <br /> As such, the Board concluded, and instructed me to advise you,that Code would not prohibit you or your <br /> husband,Terry C.Landry,Jr.,from gaining employment with a state agency excluding the legislative branch. <br /> Further,you and your husband are not prohibited from entering into a professional services contract with the <br /> Office of the State Attorney General,so long as the professional services contract is based on the criteria set <br /> forth by the office of risk management. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented may <br /> result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to <br /> past conduct or laws other than Code of Governmental Ethics. If you have any questions,please contact me <br /> at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> atiteliev), <br /> Brett Robinson <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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