| Request for an advisory opinion from Ernest Garrett III, on behalf of the Board of the Louisiana Commission for the Deaf, as to whether members of the board may receive services from the Commission. |
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The Louisiana Commission for the Deaf ("LCD"), an agency within the Louisiana Department of Health, is the statewide coordinator for providing telecommunications equipment and alert systems for person who are d/Deaf, DeafBlind or Hard of Hearing ("DDBHH"). LCD provides services and equipment to DDBHH individuals and families under accommodation guaranteed by the Americans with Disabilities Act. The LCD is concerned that the Code of Governmental Ethics, specifically La. R.S. 42:1111A, would prohibit LCD commissioners and their families from receiving services from LCD to which they would otherwise be entitled. The Board would like an exception granted for these affected LCD commissioners.
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La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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| Assigned Attorney: |
Charles Reeves |
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