| Advisory opinion as
to whether the Code of Governmental Ethics ("Code") prohibits Neal Poche, II, a St. James
Parish Councilman, from continuing his employment as a salesman for Green Point
AG, a vendor of St. James Parish Government. |
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Neal Poche, II, was recently elected to the St. James Parish Council. He is currently
employed as a salesman with Green Point AG. Mr. Poche is paid a salary and
is eligible for a year-end bonus that is dependent on the financial performance
of the individual local Green Point AG store. Mr. Poche has no ownership
interest in Green Point AG.
Green Point AG is a current vendor of St. James Parish
Government. St. James Parish Government
purchases chemicals and supplies from Green Point AG. The St. James Parish Council does not
determine who the administration purchases from or the pricing. The St. James Parish Council does approve all
Parish disbursements.
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La. R.S. 42:1102 provides the
following definitions:
(2)(a) "Agency" means a
department, office, division, agency, commission, board, committee, or other
organizational unit of a governmental entity. (vi) For public servants of political subdivisions, it shall mean the
agency in which the public servant serves, except that for members of any
governing authority and for the elected or appointed chief executive of a
governmental entity, it shall mean the governmental entity. Public servants of
political subdivisions shall include, but shall not be limited to, elected
officials and public employees of municipalities, parishes, and other political
subdivisions; sheriffs and their employees; district attorneys and their
employees; coroners and their employees; and clerks of court and their
employees.
(19)
"Public servant" means a public employee or an elected official.
(20.1)
"Service" means the performance of work, duties, or responsibilities,
or the leasing, rental, or sale of movable or immovable property.
(23)
"Transaction involving the governmental entity" means any proceeding,
application, submission, request for a ruling or other determination, contract,
claim, case, or other such particular matter which the public servant or former
public servant of the governmental entity in question knows or should know: (a)
Is, or will be, the subject of action by the governmental entity. (b)
Is one to which the governmental entity is or will be a party.
(c) Is
one in which the governmental entity has a direct interest. A transaction
involving the agency of a governmental entity shall have the same meaning with
respect to the agency.
La. R.S. 42:1111(C)(2)(d) 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, 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 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. 42:1117. No public servant or other person shall
give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or
deliver, directly or indirectly, to any public servant or other person any
thing of economic value which such public servant or other person would be
prohibited from receiving by any provision of this Part.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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