| Advisory opinion request regarding whether the Code of Governmental Ethics ("Ethics") prohibits Celizlu
Creations LLC from selling custom t-shirts and mugs, along with other craft items, to
David Wade Correctional Center while the owner, Mr. Trupiano, is a part-time employee at David
Wade Correctional Center. |
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Mr. Trupiano currently serves as a part time WAE employee with the David Wade Correctional Center as an Electronics Technician working two days a week. He is assigned to work under Patrick K. Blackwelder in Facility Maintenance. He stated that he retired from Department of Corrections HQ position in Technology Management. After his retirement, he started Celizlu Creations LLC. As an electronic technician, he may be working in any area of the correctional facility that has technology issues.
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La. R.S. 42:1113A(1)(a) of the Code prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in a legal entity held be or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, 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; (iv) under the supervision or authority of an elected official or another employee of the governmental entity
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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