| Request for approval of a disqualification plan pursuant to La. R.S. 42:1111C(5). |
|
The City of Kenner hired Michael D. Gupton as a new Assistant
Finance Director on October 17, 2022.
Sisung Securities Corporation has served
as the financial advisor for the City of Kenner since 2009. Sisung Investment
Management Services, LLC, has served as the investment advisor for the City of
Kenner since 2009. Sisung Strategic Resoures, LLC, has served as the dissemination
agent for the City of Kenner since 2009. Collectively, all three entities are
known as Sisung.
Mr. Gupton's spouse, Courtney Gupton, is a salaried employee
of Sisung Securities Corporation ("Sisung") and has been continuously employed by
Sisung since 2000. Neither Michael D. Gupton nor Courtney Gupton are owners,
officers, directors, trustees, or partners in Sisung.
The City of Kenner has proposed a disqualification plan in
order to prevent participation in any prohibited transactions. Michael D. Gupton will recuse himself from any meetings,
approval of invoices, assignments of work, or other transactions involving
Sisung. Ms. Elizabeth Herring, the Finance Director for the City of Kenner,
will take on any duties regarding contracts with Sisung. Courtney Gupton's
compensation is substantially unaffected by a contractual or other business or
financial relationship Sisung has with the City of Kenner.
Both Michael D. Gupton and Courtney Gupton signed affidavits
stating that they will comply with the disclosure requirements pursuant to La.
R.S. 42:1114.
|
|
La. R.S. 42:1111C(2)(d) provides that 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. 42:1115A No public servant shall solicit or accept, directly or
indirectly, any thing 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.
La. R.S. 42:1115B 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 employee
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. 42:1111C(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.
|
|
|
Adopt the proposed approval of the disqualification plan.
|
|
| Assigned Attorney: |
Mallory Guillot |
|
|