| Advisory opinion request regarding whether Rhonda Butler's company, Butler & Co. Tree Service, is prohibited by the Code of Governmental Ethics (Code) from contracting with Central Louisiana Electric Cooperative (Cleco) while she serves as the Representative for District 38 of the Louisiana House of Representatives. |
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Rhonda Butler has continuously served as the District 38 Representative since 2019. She stated that she owns Butler & Co. Tree Service. Butler & Co. Tree Service has provided professional vegetation management services in Central Louisiana for more than 25 years. Butler & Co. Tree Service, prior to her election, contracted with Cleco for right of way line clearance, transmission and distribution and storm recovery work.
Butler & Co. Tree Service is seeking to bid on future contracts through Cleco's Vegetation Management Department. Cleco does not have contracts with the Legislative Branch. Cleco is regulated by the Louisiana Public Service Commission (LPSC) not the Louisiana Legislature.
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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.
La. R.S. 42:1102(2)(a)(iv) defines "agency" to mean the agency or house of the legislature by which a public employee is employed and the legislative branch in the case of legislators.
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(14) defines "legislator" to mean any person holding office in the Senate or the House of Representatives of the Louisiana Legislature 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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