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other matter arising solely from his public employment or office; (b) the that an elected official <br /> who is elected to a house, body, or authority has in a position or office of such house, body, or <br /> authority which is required to be filled by a member of such house, body, or authority by law, <br /> legislative rule, or home rule charter, (c) the interest that a person has as a member of the general <br /> public. <br /> ANALYSIS <br /> As a Department employee,Mr. Kiff is a public employee pursuant to La. R.S.42:1102(17)(a)and <br /> a public servant pursuant to La. R.S. 42:1102(18). His agency is the Department pursuant to La. <br /> R.S. 42:1102(2)(a)(vi). You are Mr. Kiffs "immediate family member" pursuant to La. R.S. <br /> 42:1102(12). As the owner of the Prospective Company, you have a controlling interest in the <br /> Prospective Company, pursuant to La. R.S. 42:1102(7). <br /> La. R.S. 42:1111C(2)(d) prohibits Mr. Kiff and any company in which he exercises control from <br /> receiving compensation from persons seeking to conduct business with the Department. As Mr. <br /> Kiff shares a community property regime with you, any compensation that you or the Prospective <br /> Company receives would also be received by Mr. Kiff. Accordingly, the Prospective Company is <br /> prohibited from receiving income from persons conducting business with the Department. <br /> La. R.S. 42:1113A prohibits the Prospective Company from entering into contracts, subcontracts <br /> or transactions under the supervision or jurisdiction of the Department. Accordingly, to the extent <br /> that that the Prospective Company will be submitting matters to the Department on behalf of its <br /> clients,the Prospective Company is prohibited entering into transactions with the Department. <br /> The prohibitions of La. R.S. 42:1111C(2)(d) and La. R.S. 42:1113A exist regardless of whether or <br /> not Mr. Kiff personally works on the permits submitted to the Department by the Prospective <br /> Company's clients, and so such conflicts may not be avoided through the use of a disqualification <br /> plan. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code prohibits each of you and <br /> the Prospective Company from providing services to third parties on matters relating to the <br /> Department. <br /> Changes to the facts as presented may result in a different application of the provisions of the <br /> Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to <br /> laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure <br /> Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana <br /> Gaming Control Law. <br /> Page 3 of 4 (BD 2025-535) <br />