2023-881 - Laserfiche WebLink

employed as Executive Director. If the procedure for such renewal changes or becomes discretionary, you should seek an updated advisory opinion. ISSUE NO.2: PARTICIPATION La. R.S. 42:1112(B)(1): No public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: Any person of which he is an officer, director, trustee, partner, or employee. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons. Generally, La. R.S. 42:1112(B)(1)prohibits you, as LMVC Executive Director, from participating in any transaction in which your brother has a substantial economic interest. Further,La.R.S. 42:1112(C)provides that every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. As such, a disqualification plan should be created and submitted for approval by the Board to prevent any potential violation of the Code. CONCLUSION The Board concluded, and instructed me to inform you, that your brother, Daniel Casey Jr., is not prohibited by the Code from renewing his sales finance license with the LMVC while you serve as LMVC Executive Director. The Code prohibits you from participating in any transaction in which your brother has a substantial economic interest and requires you to submit a disqualification plan for approval. An example of a disqualification plan is enclosed for your reference. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct or laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at(800) 842-6630 or (225) 219-5600. Sincerely, LOUISIANA BOARD OF ETHICS (Z�Q—Q Q-- David M. Bordelon For the Board Enclosure Page 3 of 3 (BD 2023-881)