| Advisory Opinion request from Jill Lane, Council Member for the City of Mandeville (the "City"), as to whether the Louisiana Code of Governmental Ethics permits her business to enter into certain transactions with persons who do business with the City. |
|
Ms. Lane currently serves as a Council Member for the City of Mandeville (the "City").
She currently owns a business, 347 Girod LLC (the "Company"), which operates a theatre. The Company currently exists as a limited liability company, but she is considering converting the Company into a non-profit entity. As a non-profit, the Company would continue to operate the theatre. Whether she would receive a salary from the Company after it becomes a non-profit entity has not been determined.
|
|
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 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. 42:1115A(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. 42:1102(2)(a)(vi) defines "agency" to mean, for members of a governing authority, the governmental entity.
La. R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or an elected official.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|