| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) would prevent Purvis Morrison, an employee of the City of Opelousas, from seeking outside employment with Fenstermaker Engineering. |
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Mr. Purvis currently serves as the CAO (Chief Administrative Officer) for the City of Opelousas. He will be transitioning to part-time work in the near future. He has been presented with an opportunity to work part-time for Fenstermaker Engineering. Fenstermaker Engineering does not currently have any work with the City of Opelousas. Fenstermaker Engineering does not anticipate bidding on or entering into any work with the City of Opelousas.
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La. R.S. 42:1111C(2)(d)
provides no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are:
(d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115
provides (A) no public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. (B) no public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person:
(1)
Conducts operations or activities which are regulated by the public employee's agency.
(2)
Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1111E(1):
No public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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