| Advisory opinion request from the CFO of St. Martinville, Avis Gutekunst, regarding two separate issues under the Code of Governmental Ethics (Ethics Code). |
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Ms. Gutekunst serves as the Chief Financial Officer of St. Martinville. She requested an advisory opinion on two separate and distinct questions that she now seeks to withdraw. First, what happens if the city hires a vendor and the spouse of an employee works for the vendor would this violate the nepotism provisions of the Code. The spouse would not own any part of the company and does not receive any commission or extra compensation. Second, if the spouse of an employee does volunteer work for his agency, would this be a violation of the Code? Does the type of work make any difference?
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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 from receiving anything 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 from whom such public servant would be prohibited by La. R.S. 42:1115(A)(1) or (B).
La. R.S. 42:1111C(5)(a) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, the spouse of a public servant may continue employment with a person who has or is seeking a contractual or other business or financial relationship with the public servant's agency provided all of the following conditions are met: (i) The spouse is a salaried or wage-earning employee and has been continuously employed by the person for at least one year prior to the date the compensated employment would have otherwise initially been prohibited. (ii) The compensation of the spouse is substantially unaffected by a contractual or other business or financial relationship with the public servant's agency. (iii) Neither the public servant nor the spouse is an owner, officer, director, trustee, or partner in the legal entity which has or is seeking to have the relationship with the public servant's agency. (iv) The public servant recuses or disqualifies himself from participating in any transaction involving the spouse's employer in accordance with R.S. 42:1112 and related rules and regulations. (v) Either prior to or within ten business days of the date the compensated employment would otherwise be prohibited, the spouse and the public servant jointly file with the Board of Ethics a written notice containing a brief description of the nature of the contractual, business, or financial relationship with the public servant's agency, the date the spouse was employed by the person, and any other information required by the board. (vi) The spouse complies with the disclosure requirements in R.S. 42:1114. (b) The provisions of this Paragraph shall not apply to members of the legislature.
La. R.S. 42:1114A provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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Allow withdrawal of the request.
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| Assigned Attorney: |
Suzanne Mooney |
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