| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits a spouse of an Office of Behavioral Health employee from soliciting business with the Office of Behavioral Health and other State agencies for which he would receive a commission. |
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Eugene Cooke's wife, Terri Cooke, is employed by the Louisiana Department of Health and Hospitals ("LDH") in the Office of Behavioral Health ("OBH"). She works as a Program Monitor in Fiscal Operations, which is under OBH's Administration and Finance Unit. Mr. Cooke and his wife maintain a community property regime. Mr. Cooke stated that he and his wife share everything, including their earned incomes.
Mr. Cooke is a sales agent for Terraboost Media Operating Company ("Terraboost Media"), which is a marketing company that provides advertising kiosks in retail stores, including Albertsons, CVS, Walgreens, and other retail locations across the United States. Mr. Cooke receives a commission from Terraboost Media for every service contract he secures for Terraboost Media. He is neither employed by nor has an ownership interest in Terraboost Media.
OBH currently has positive awareness advertising campaigns concerning gambling problems, the 988-suicide hotline, pregnant and parenting women, etc., and these advertisements are located in Walmart pharmacies, bodegas, convenience stores, and mini-marts. Mr. Cooke is interested in offering the same type of service to OBH and other State agencies through Terraboost Media's advertising kiosks located in Albertsons, Kroger's, CVS, and other pharmacies in the State of Louisiana. Mr. Cooke would receive a commission from Terraboost Media based on the service contracts he secures for Terraboost Media.
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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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean, for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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