Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
or aily transaction under the supervision or jurisdiction of the a�ency of such public servant shall <br /> disclose certain information as set forth in Section 1114. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the agency in which the public servant serves, except that for inembers oi�any governing authority <br /> and �kor the elected or appointed chief executive of a governmental entity, it sl�all mean the <br /> governinental entity. <br /> La. R.S. 42:1102(12) defines "irnmediate family" as the term relates to a public servant to mean <br /> his c;hildren,the spouses of his children,his brothers and tlleir spouses,his sisters and their spouses, <br /> his parents, his spouse, and the parents of his spouse. <br /> La. R.S. 42:1102(15) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> ANALYSIS <br /> Generally, La R.S. 42:111 ]C(2)(d)prohibits you from receiving any thing of economic value from <br /> TASC'JNO, including the communal benetit of your spouse's employment compensation, while <br /> "TASCUNO llas or is seeking to have a contractual, business, or financial relationship with you�• <br /> agency, NORA. However, La. R.S. 42:1111C(5)(a) provides a narrow exception that will permit <br /> yout• spouse's continued employ�nent with TASUNO while TASGNO has or is seeking such a <br /> relationship witll NORA if all six of the coi�dit�ions listed under La. 42:11 l 1C(5)(a) are be met. <br /> I-�erc, since your spouse llas been a wage-earning employee of TASC'7N0 f-or more than one year, <br /> your spouse's compensation from TASGNn would be substantially unaffected by its contractual, <br /> business, or financial relationship wit11 NOIZA, and neither you nor your spouse is an owner, <br /> ofticer,director,trustee,or partner in'I'ASUNO,the exception will permit your spouse's continued <br /> employment with TASGNO while NORA enters into a contract with TASGNO, as loug as you <br /> disqualify yourself f-rom participatin.g in any transaction involving NORA and 'I'ASGNO in <br /> accordance with La. IZ.S. 42:11 l 2C,you and your spouse file Form 423 with the Board either prior <br /> to or within ten (10) business days of the execution of the contract between NOIZA and TASGNO, <br /> and your spouse {-iles Forin 405 with the Board disclosing his income from TASC'rN0 by May 15`�' <br /> of each year that the contract between NORA and TASGNO is in cffect in accordance with La. <br /> RS. 42:1 l l4. <br /> CONCI_,USION <br /> "1'he Board concluded and instructed me to inform you that the Code does not prohibit NORA I�rom <br /> entering into a cox�tract with the joint venture team of HRI and TASGNO, and you wi]] not be <br /> prohibited ti•om receiving the benefit of your spouse's employment compensation from TASGNO <br /> w�hile NORA has a contract with '1 ASC'INO, provided you and your husband ineet all six of the <br /> conditioals listed under La. 42:1111C(5)(a). Form 405 and 423 can be found at <br /> cthics.la.gov/disclosures. A copy of each is enclosed for your reference. <br /> 1'11is 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 thc Code of Governmental <br /> P�ge 3 of 4 (f3D 202C-082) <br />