| A Request for an Advisory Opinion, submitted by Village of Anacoco Mayor Howard K. Lewing, concerning whether the Louisiana Code of Governmental Ethics ("Code") prohibits Howard Lewing Construction, Inc. from contracting with Danny Manes, who oversees the Anacoco Water System. |
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Howard K. Lewing owns Howard Lewing Construction, Inc. and is also the Mayor of the Village of Anacoco. Danny Manes is a Village of Anacoco (pop. 851) contractor, who oversees the Anacoco Water System. Mr. Manes is part owner of Manes Construction, LLC. The Mayor would like to use Mr. Manes as a subcontractor for his company, where he would be paying Mr. Manes for his services. Mayor Lewing will recuse himself from voting on any matters concerning Danny Manes. Additionally, Mayor Lewing stated that he would not being giving Mr. Manes or his company any discounts or contributions.
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La. R.S. 42:1102(18) defines a "Public employee" as anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office; (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) Engaged in the performance of a governmental function; and, (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official.
La. R.S. 42:1102(22)(a) defines "Thing of economic value" as money or any other thing having economic value.
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.
La. R.S. 42:1115(A)(1) prohibits a public servant from soliciting or accepting, 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 has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115(B)(2) prohibits a public employee from soliciting or accepting, 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 has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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