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Entry Properties
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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of Loi STATE OF LOUISIANA <br /> J DEPARTMENT OF STATE CIVIL SERVICE <br /> ,tw o" Sr,Sf <br /> LOUISIANA BOARD OF ETHICS <br /> y � 9 <br /> P.O.BOX 4368 <br /> * * BATON ROUGE,LA 70821 <br /> C C (225)219-5600 <br /> " FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> Wednesday,January 11, 2023 <br /> Daniel Gillane <br /> 203 Dunreath Street <br /> Lafayette, Louisiana 70506 <br /> RE: Docket No. 2022-815 <br /> Advisory Opinion <br /> Dear Mr. Gillane <br /> The Louisiana Board of Ethics ("Board"), at its January 6, 2023 meeting, considered your request <br /> for an advisory opinion as to whether the Louisiana Code of Governmental Ethics ("Code")would <br /> prohibit you from working for an LLC that operates the St. Mary Parish Library. <br /> FACTS PROVIDED <br /> You are currently vested in both the Louisiana State Employees Retirement System ("LASERS") <br /> and the Parochial Employees Retirement System of Louisiana ("PERS"). You are currently <br /> employed by the Lafayette Public Library System and are an active contributor to PERS. PERS <br /> rules state that you cannot collect retirement benefits and work for an employer who participates <br /> in PERS, even if you were to contribute to Social Security and not participate in PERS with your <br /> new employer. You have inquired as to whether the Code would prohibit you from accepting <br /> employment with the LLC that is contracted to operate the St. Mary Parish Library System. <br /> LAW <br /> La. R.S. 42:1102(19) defines "Public servant"to mean a public employee or an elected official. <br /> La. R.S. 42:1111(A) prohibits a public employee from receiving anything of economic value, <br /> other than compensation and benefits from the governmental entity to which he is duly entitled, <br /> for the performance of the duties and responsibilities of his office or position. <br /> La. R.S. 42:1111(C)(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: (d) Neither performed for nor <br /> compensated by any person or from any officer, director, agent, or employee of such person, if <br /> such public servant knows or reasonably should know that such person has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency; conducts <br /> operations or activities which are regulated by the public employee's agency; or has substantial <br /> economic interests which may be substantially affected by the performance or nonperformance of <br /> the public employee's official duty. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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