| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits the employer of a member of the nominating committee of the Southeast Louisiana Flood Protection Authority ("SLFPA") from
contracting with the SLFPA. |
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John
Jackson has been appointed, as a representative of the Louisiana Engineering
Society, to the Southeast Louisiana Flood Protection Authority - Nominating
Committee ("SLFPA-NC"). This committee nominates individuals for appointment by
the Governor and confirmation by the State Senate to serve on the SLFPA Board.
The nominating committee is independent of the SLFPA; it has no further impact
on the SLFPA other than the nomination of potential board members, and seats on the
nominating committee are unpaid.
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La. R.S. 42:1111C(2)(d) states
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 from whom such public servant would be prohibited by R.S. 42:1115(A)(1)
or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits
a public servant from soliciting or accepting, directly or indirectly, anything
of economic value as a gift or gratuity from 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 have a
contractual, business or financial relationship with the public servant's
agency.
La. R.S. 42:1102(18)(a)
defines "public employee" to mean anyone,
whether compensated or not, who is:
(i) An administrative officer or official of a governmental entity
who is not filling an elective office.
(ii) 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.
(iii) Engaged in the performance of a governmental function.
(iv) Under the supervision or authority of an elected official or
another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" means
a public employee or an elected official.
La. R.S. 42:1102(2)(a) defines "agency"
to mean a department, office, division, agency, commission, board, committee,
or other organizational unit of a governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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