| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits Ben Westerburg, an Alderman for the City of West Monroe, from continuing to work as a disc jockey on an FM radio station during his re-election campaign. |
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Ben Westerburg is an elected Alderman at Large for the City of West Monroe and a candidate for re-election to the same office in the May 16, 2026 election. Mr. Westerburg works as a Disc Jockey for the Good Morning Show on K-104/KJLO-FM Radio. The Good Morning Show talks about country music, entertainment, and movies, and plays silly trivia games. The Good Morning Show does not talk about politics or anything controversial. Mr. Westerburg stated that he does not and will not speak of his candidacy for re-election or promote himself as a candidate for re-election while on-air. Mr. Westerburg also stated that the City of West Monroe does not advertise or purchase airtime on K-104/KJLO-FM Radio.
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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 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) provides that no public servant shall solicit or accept, directly or indirectly, any thing 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 obtain contractual or other business or financial relationships with the public servant's agency.
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. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (vi) For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 18:1483(7)(a) defines "contribution" to mean a gift, conveyance, payment, or deposit of money or anything of value.
La. R.S. 18:1483(7)(b)(i) provides that "contribution" includes contributions in-kind having an attributable monetary value in excess of fifty dollars, which include: the donation by any person, other than a candidate or a political committee, of the services of paid employees, the value of which services exceeds fifty dollars; and the donation of, or the donation of the right to use, any item of tangible property when the same is used or consumed and not exchanged or converted to cash or the equivalent of cash exceeds fifty dollars.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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