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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 />