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2022-840
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2022-840
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Entry Properties
Last modified
4/1/2024 8:40:50 AM
Creation date
1/9/2023 11:06:51 AM
Metadata
2022-840
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-840
Requesting Party
Eric A. Mund
Parties Involved
Michael D. Gupton
Courtney Gupton
Sisung Corporation
Agency at Issue
City of Kenner
Decision Date
1/6/2023
Law
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1115A
La. R.S. 42:1115B
La. R.S. 42:1111C(5)(a)
Caption
The exception found in La. R.S. 42:1111Cā(5)ā applies to Michael Gupton and Courtney Gupton and the proposed disqualification plan meets the requirements of the Board.
Ethics Subject Matters
Participation
Outside Employment
Prohibited Sources
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LAw <br /> La. R.S. 42:111 1C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> any person during his public service unless such services are: <br /> (d)Neither performed for nor compensated by any person from whom such public servant <br /> would be prohibited by R.S. 42:1115(A)(1) or(B) from receiving a gift. <br /> La R.S. 42:1115A. No public servant shall solicit or accept, directly or indirectly, any thing of <br /> economic value as a gift or gratuity from any person or from any officer, director, agent, or <br /> employee of such person, if such public servant knows or reasonably should know that such <br /> person: <br /> (1) Has or is seeking to obtain contractual or other business or financial relationships <br /> with the public servant's agency. <br /> La. R.S. 42:1115B B. No public employee shall solicit or accept, directly or indirectly, anything <br /> of economic value as a gift or gratuity from any person or from any officer, director, agent, or <br /> employee of such person, if such public employee knows or reasonably should know that such <br /> person: <br /> (1) Conducts operations or activities which are regulated by the public employee's agency. <br /> (2) Has substantial economic interests which may be substantially affected by the <br /> performance or nonperformance of the public employee's official duty. <br /> La. R.S. 42:1111C(5)(a) Notwithstanding the provisions of Subparagraph (2)(d) of this <br /> Subsection,the spouse of a public servant may continue employment with a person who has or is <br /> seeking a contractual or other business or financial relationship with the public servant's agency <br /> provided all of the following conditions are met: <br /> (i)The spouse is a salaried or wage-earning employee and has been continuously employed <br /> by the person for at least one year prior to the date the compensated employment would have <br /> otherwise initially been prohibited. <br /> (ii) The compensation of the spouse is substantially unaffected by a contractual or other <br /> business or financial relationship with the public servant's agency. <br /> Page 2 of 3 (BD 2022-840) <br />
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