| Advisory Opinion Request from Leo C. Montou, Marshal for Ward 5 Marshal's Office (the "Marshal's Office"), regarding whether the Code of Governmental Ethics prohibits a Marshal's Office employee from serving as Oakdale Chief of Police. |
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Mr. Montou currently serves as Marshal of Ward 5, and in that capacity he is the head of the Marshal's Office. Kevin Johnson has worked as a part-time employee of the Marshal's Office since 2025, serving as the Chief Deputy and Investigator. Mr. Johnson was elected as the Chief of Police of the City of Oakdale in May 2026.
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La. R.S. 42:1111A prohibits a public servant from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
La. R.S. 42:1102(8) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices.
La. R.S. 42:1102(17)(a) defines "public employee" to mean any person, 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(18) defines "public servant" to mean a public employee or an elected official.
La. R.S. 42:1102(25)(a) defines "thing of economic value" to mean money or any other thing having economic value.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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