| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits an attorney for two municipal agencies from providing legal services for a bank that transacts with the public agencies. |
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John Simon receives compensation from three employers for the fulfillment of different roles: (1) the city attorney for the City of New Iberia. (2) an attorney for the Iberia Economic Development Authority ("IEDA"), and (3) an attorney for Community First Bank ("the Bank").
As the city attorney for New Iberia since January 2017, Mr. Simon is compensated $175 per hour, for approximately 30-35 hours per month, in addition to $200 per meeting he attends, with two meetings a month.
As an attorney for IEDA since 2009, Mr. Simon is compensated $175 per hour, for approximately 8 hours per month.
As the attorney for the Bank, Mr. Simon is compensated through a monthly retainer that covers approximately 10 hours of work, as well as a percentage of net recovery for collection litigation.
The City of New Iberia and IEDA each have deposit accounts with the Bank, including time deposits aka "CDs." Neither agency has any business with the bank besides deposits; there are no debts, contracts, or other transactions.
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La. R.S. 42:1111C(2) prohibits a public servant and any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving anything for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (a)
Bona fide and actually performed by the public servant or by the entity; (b) not within the course of his official duties; (c) not prohibited by R.S. 42:1112 or by applicable laws or regulations governing
nonpublic employment for such public servant; and (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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kelsey Simmons |
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