| Advisory opinion regarding whether the Code of Governmental Ethics would prohibit Joe Magee from serving as the Administrator of the Desoto Parish Emergency Medical Services (EMS) and being appointed to serve on the Desoto Parish Fire District 2 Board. |
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T he Desoto Parish Fire District 2 Board and EMS have entered a joint Cooperative Endeavor to split costs. The Cooperative endeavor provides that both the Desoto Parish Fire District 2 Board and EMS are subdivisions of the State of Louisiana. The intent of the Cooperative Endeavor is to split the cost and construction of a joint building to house employees, trucks and other equipment for both public agencies. Nothing in the Cooperative Endeavor benefits Mr. Magee personally.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person who (1) has or is seeking to have a contractual, business or financial relationship with the public servant's agency; (2) conducts operations or activities that are regulated by the public employee's agency; or (3) has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1112A provides that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which he has a personal substantial interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(3) prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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