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Last modified
4/1/2024 8:40:47 AM
Creation date
1/11/2023 3:23:53 PM
Metadata
2022-815
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-815
Requesting Party
Daniel Gillane
Parties Involved
St. Mary Parish Library System
Agency at Issue
St. Mary Parish Library System
Lafayette Parish Library System
Decision Date
1/6/2023
Law
La. R.S. 42:1102(19)
La. R.S. 42:1111(A)
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1102(2)(a)(vi)
La. R.S. 42:1102(18)
Caption
An employee of the Lafayette Public Library System is not prohibited from being employed by an LLC which operates the St. Mary Parish Library provided that the employee is not compensated for rendering services to the LLC or St. Mary Parish Library for the same hours while working for the Lafayette Public Library System.
Ethics Subject Matters
Prohibited Sources
Outside Employment
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La. R.S. 42:1102(2)(a)(vi) defines "Agency" for public servants of political subdivisions, it shall <br /> mean the agency in which the public servant serves, except that for members of any governing <br /> authority and for the elected or appointed chief executive of a governmental entity, it shall mean <br /> the governmental entity. Public servants of political subdivisions shall include, but shall not be <br /> limited to, elected officials and public employees of municipalities, parishes, and other political <br /> subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and <br /> their employees; and clerks of court and their employees. <br /> La. R.S. 42:1102(18) defines "Public employee" to include any person who is engaged in the <br /> performance of a governmental entity or is under the supervision or authority of an elected official <br /> or another employee of the governmental entity. <br /> ANALYSIS <br /> You are a public employee by virtue of your employment with the Lafayette Public Library System <br /> as defined by La. R.S. 42:1102(18). Pursuant to Ls. R.S. 42:1102(2)(a)(vi), your public agency is <br /> the Lafayette Public Library System. La. R.S. 42:1111(C)(2)(d) prohibits you from receiving <br /> compensation for services rendered to an LLC that has a contractual relationship with the Lafayette <br /> Public Library System. Furthermore, La. R.S. 42:1111(A) prohibits you from receiving <br /> compensation for working the same hours at both a public and private job; therefore, you should <br /> not be paid for the same hours working for the LLC and the Lafayette Public Library System. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that based on the facts presented,the Code <br /> does not prohibit you from being employed by the LLC, which operates the St. Mary Parish <br /> Library,provided any services rendered to the LLC or St. Mary Parish Library are not during time <br /> you are working at the Lafayette Public Library System. Furthermore,the Board recommends that <br /> you contact the Louisiana Department of Justice—Office of the Attorney General to inquire about <br /> Dual Employment laws, which are not under the jurisdiction of the Board. <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 Act, 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 /> Page 2 of 3 <br /> Docket No.2022-815 <br />
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