| Advisory opinion regarding whether the Code of Governmental Ethics ("Code") prohibits Atley Walker, a West Baton Rouge Parish Councilmember, from writing a letter of support for a resident of West Baton Rouge. |
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Mr. Walker currently serves as the West Baton Rouge Council member for District 3. He would like to know if the Code prohibits him from writing a letter of reference for a resident, Joyce Hawkins, to the Louisiana Department of Health and Hospitals Facility Review board for a license to operate a new Home and Community Base Service Provider within West Baton Rouge Parish. The license is not approved by the West Baton Rouge Parish Council. He stated that he has no interest Ms. Hawkins's business. He will not receive any compensation for writing the letter of recommendation.
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La. R.S. 42:1113A(1)(a) provides that no public servant…or legal entity in which he has a controlling interest shall bid on or enter 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)(vi) defines "agency" to mean, 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.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official. her organizational unit of a governmental entity.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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