| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits a spouse of an
employee for the Louisiana Office of Motor Vehicles ("LOMV") from being employed with a vendor that has a business relationship with the LOMV. |
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Morgan Windham is employed by the Louisiana Office of Motor
Vehicles ("LOMV") and works in the Project Management Office as a Project Manager supporting the OMV modernization
initiative. In this role, she works advises and pushes tasks along with CHAMP
Titles ("CHAMP"), a vendor that holds a contract with the State of Louisiana. Ms.
Windham's spouse, Matthew Windham, is interested in applying for a position with
CHAMP where he would be assigned exclusively to work related in another state. He
would not be involved in Louisiana-related work of any kind, would not
participate in Louisiana contracts, deliverables, systems, meetings, communications,
or project activities. Additionally, he would not have access to Louisiana
state data, OMV systems, or confidential information related to Louisiana.
Finally, his job duties and compensation would be tied solely to work outside
of Louisiana.
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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 has or is seeking to have a
contractual, business or financial relationship with the public servant's
agency.
La. R.S. 42:1111C(5)(a) states that notwithstanding the
provisions of provides an exception (2)(d) of this Subsection, the spouse of a
public servant may continue employment with a person who has or is seeking a
contractual or other business or financial relationship with the public
servant's agency provided that the following conditions are met:
(i) The spouse is a salaried or wage-earning employee and
has been continuously employed by the person for at least one year prior to the
date the compensated employment would have otherwise initially been prohibited.
(ii) The compensation of the spouse is substantially
unaffected by a contractual or other business or financial relationship with
the public servant's agency.
(iii) Neither the public servant nor the spouse is an owner,
officer, director, trustee, or partner in the legal entity which has or is
seeking to have the relationship with the public servant's agency.
(iv) The public servant recuses or disqualifies himself from
participating in any transaction involving the spouse's employer in accordance
with R.S. 42:1112 and related rules and regulations.
(v) Either prior to or within ten business days of the date
the compensated employment would otherwise be prohibited, the spouse and the
public servant jointly file with the Board of Ethics a written notice
containing a brief description of the nature of the contractual, business, or
financial relationship with the public servant's agency, the date the spouse
was employed by the person, and any other information required by the board.
(vi) The spouse complies with the disclosure requirements in
R.S. 42:1114.
La. R.S. 42:1102(16) defines "person" to mean an individual
or legal entity other than a governmental entity, or an agency thereof.
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)(i) defines "agency" to mean a
department, office, division, agency, commission, board, committee, or other
organizational unit of a governmental entity.
La. R.S. 42:1102(13) defines "immediate family" as the term
relates to a public servant to mean his children, the spouses of his children,
his brothers and their spouses, his sisters and their spouses, his parents, his
spouse, and the parents of his spouse.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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