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2023-1006
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2023-1006
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Entry Properties
Last modified
5/15/2024 9:20:04 AM
Creation date
4/11/2024 12:25:26 PM
Metadata
2023-1006
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1006
Requesting Party
Mark Pousson
Parties Involved
USA Rice Council
Agency at Issue
Louisiana Rice Promotion Board
Decision Date
4/5/2024
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1112A
La. R.S. 42:1112B(3)
La. R.S. 42:1111A
La. R.S. 42:1115A(1)
La. R.S. 42:1115.2
Caption
Advisory opinion on certain transactions and participation involving the Louisiana Rice Promotion Board and the USA Rice Council.
Ethics Subject Matters
Prohibited Sources
Participation
Payment - Not Duly Entitled
Travel Expenses
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the public servant"and"his agency"when used in reference to the agency of a public servant shall <br /> mean for public servants in the twenty principal departments of the executive branch of state <br /> government, the office in which such public servant carries out his primary responsibilities; <br /> ...except that in the case of public servants who are members or employees of a board or <br /> commission or who provide staff assistance to a board or commission, it shall mean the board or <br /> commission. Your agency for purposes of the Code is the Louisiana Rice Promotion Board <br /> pursuant to La. R.S. 42:1102(2)(a)(vi). <br /> ANALYSIS&CONCLUSIONS <br /> Based on your status as a public servant and on the facts provided above, the Board of Ethics <br /> concluded as follows: <br /> (1) Does the Code prohibit the Promotion Board from accepting from the USA Rice Council <br /> the payment of legal fees for its defense in lawsuit in which the Promotion Board is a <br /> defendant while the USA Rice Council has a contractual relationship with the Promotion <br /> Board for unrelated services? <br /> The Board concluded, and instructed me to inform you, that the Code does not prohibit the <br /> Promotion Board from receiving the payment from the USA Rice Council for legal fees while it <br /> has a contractual relationship with the USA Rice Council since the legal fees are not to cover legal <br /> expenses for the individual members of the Promotion Board. <br /> (2) Does the Code prohibit members of the Promotion Board from serving on the board of <br /> the USA Rice Council while the USA Rice Council maintains a contractual relationship with <br /> the Promotion Board? <br /> La. R.S. 42:1111C(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 neither performed for nor <br /> compensated by: (1) any person who has or is seeking to have a contractual, business or financial <br /> relationship with the public servant's agency; (2) any person who conducts operations or activities <br /> that are regulated by the public employees'agency;(3)any person who has a substantial economic <br /> interest which may be substantially affected by the performance or nonperformance of the public <br /> employee's office duty. <br /> The Board concluded, and instructed me to inform you, that La. R.S. 42:1111C(2)(d) prohibits a <br /> Promotion Board member from receiving any thing of economic value for services rendered to the <br /> USA Rice Council while it has a contractual relationship with the Promotion Board. Therefore, as <br /> long as the Promotion Board member does not receive any compensation for their service as a <br /> board member or committee member of the USA Rice Council,they would not be prohibited from <br /> serving in such capacities while a member of the Promotion Board and the Promotion Board <br /> contracts with the USA Rice Council. <br /> Page 2 of 5 (BD 2023-1006) <br />
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