| A Request for Advisory Opinion, submitted by Donald A. Daigle (the Wastewater Supervisor for the City of Alexandria), concerning whether the Louisiana Code of Governmental Ethics ("Code") would prohibit you from providing drafting services to residential developers, commercial developers, and engineers both in and outside of Alexandria, while you continue to serve as the Wastewater Superintendent for the City of Alexandria. |
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Donald Daigle serves as the Wastewater Superintendent for the City of Alexandria. As the Superintendent, he ensures that plans and specifications of projects connecting to the Wastewater system follow the applicable codes. Additionally, he supervises any maintenance request calls. He has inquired as to whether the Code would prohibit any of the following:
1. The provision of drafting services to miscellaneous residential and commercial developers for various types of land development and commercial site plans on projects both inside and outside of Alexandria's City Limits (where the project does not involve Alexandria's wastewater services).
2. The provision of drafting services to engineers/consultants on projects both inside and outside of Alexandria's City Limits who do not use Alexandria's wastewater services.
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La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1111(C)(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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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