| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits Jared Marcell, a New Orleans Public Library (NOPL) employee, from starting a video podcast. |
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Mr. Marcell is currently an Assistant Branch Manager for the NOPL. Outside of work hours, he would like to start a video podcast featuring books he has read during his free time. He would like to create and publish this video podcast. He intends to distribute it via streaming services such as Apple and/or YouTube. After he has time to develop a video library of his podcasts, he hopes to monetize them, meaning he hopes to have sponsors and receive compensation for his work. He will not solicit the NOPL or any of its vendors to sponsor him. He does not intend to even mention his employment with the NOPL on his podcast.
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La. R.S. 42:1111C(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 neither performed for nor compensated by any person who 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. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(18)(a)(ii) defines "public employee' as any person who is 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.
La. R.S. 42:1102(19) defines "public servant" to include a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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