| Consideration of a consent opinion involving Cole Norris' employment with Delta Bank while Delta Bank transacts with the Madison Parish Hospital Service District Board of Commissioners and he serves as a member of the Board of Commissioners. |
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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. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
La. R.S. 39:1233.1 authorizes a member of a local depositing authority or its chief executive officer, which would include a member of a district board of commissioners, to serve as an employee of a national or state bank notwithstanding the provision of the Code of Governmental Ethics.LSA-R.S. 39:1233.1 creates a narrow exception allowing a local governing authority member or chief executive officer to serve in such a capacity, despite the agency's deposit of funds in the bank, if he:
(1) recuses himself from voting in favor of any such bank and does not otherwise participate in the depositing authority's consideration of any matter affecting actual or potential business with the bank,
(2) discloses the reason for recusal and files these reasons, in writing, in the minutes or record of the agency, and
(3) files this disclosure form with the Board of Ethics within fifteen (15) days of any such recusal.
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Adopt and publish the consent opinion and dismiss the charges pending before the EAB.
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| Assigned Attorney: |
Tracy Barker |
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| Description: |
| No Attachments Available |
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