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Last modified
7/12/2021 11:03:53 AM
Creation date
3/20/2017 1:10:22 PM
Metadata
2016-1340
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1340
Requesting Party
Thomas Skinner
Agency at Issue
LSU Foundation
Decision Date
3/17/2017
Caption
Advisory opinion that the Code of Governmental Ethics would prohibit the Louisiana State University Vice President, who is also serving as the CEO of LSU Foundation, from being compensated solely by the LSU Foundation. However, La. R.S. 42:1111A(1)(b) would allow the LSU Vice President to receive supplementary compensation or benefits from funds accruing to the benefit of LSU as approved by the appropriate policy or management board, through the Foundation. Additionally, the LSU Foundation must reimburse LSU, either directly or through in-kind services, for the cost of LSU employees furnished to support the LSU Foundation. The Code of Governmental Ethics would not prohibit the LSU CFO from serving as the interim Foundation CFO, provided that his duties and compensation as LSU CFO will be continued without change and the LSU Foundation will reimburse LSU for the portion of his salary attributable to time spent on Foundation matters and away from his regular LSU duties. In general, La. R.S. 42:1112B(3) would prohibit the LSU Vice President/Foundation CEO from participating, in his capacity as LSU Vice President, in any transaction involving LSU in which the economic interest is of greater benefit to the Foundation than to any of the other LSU affiliated foundations. Finally, La. R.S. 42:1115 would prohibit the LSU Vice President from soliciting and/or accepting donations from certain prohibited sources for his personal benefit as well as for the benefit of his agency or other person.
Ethics Subject Matters
Payment - Not Duly Entitled
Participation
Prohibited Sources
Donations
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Whether the Ethics Code prohibits the LSU CFO serving as interim Foundation CEO? <br /> The Board also concluded, and instructed me to inform you, that the Code of <br /> Governmental Ethics would not prohibit the LSU CFO from serving as the interim <br /> Foundation CFO, provided that Mr. Layzell's duties and compensation as LSU CFO will <br /> be continued without change and the Foundation will reimburse LSU for the portion of <br /> his salary attributable to time spent on Foundation matters and away from his regular <br /> LSU duties. As such, it would not present a violation of the Ethics Code if Mr. Layzell <br /> serves as interim Foundation CEO, at a time when he is employed as the LSU CFO. <br /> Whether La. R.S. 42:1112B(3) prohibits the LSU VP, who is also the Foundation CEO, <br /> from participating in a transaction involving LSU in which the Foundation has a <br /> substantial economic interest? <br /> La. R.S. 42:1112B(3) prohibits a public servant from participating in a transaction <br /> involving the governmental entity in which, to his actual knowledge, any person of which <br /> he is an officer, director, trustee, partner, or employee has a substantial economic interest. <br /> La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic <br /> interest which is of greater benefit to the public servant or other person than to a general <br /> class or group of persons. <br /> La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean <br /> any proceeding, application, submission, request for a ruling or other determination, <br /> contract, claim, case, or other such particular matter which the public servant or former <br /> public servant of the governmental entity in question knows or should know: (a) is, or <br /> will be, the subject of action by the governmental entity; (b) is one to which the <br /> governmental entity is or will be a party; or, (c) is one in which the governmental entity <br /> has a direct interest. A transaction involving the agency of a governmental entity shall <br /> have the same meaning with respect to the agency. <br /> The Board further concluded, and instructed me to inform you, that, without more <br /> information regarding the transactions he may encounter in his capacity as LSU VP, it is <br /> unable to render an opinion as to this issue. However, La. R.S. 42:1112B(3) generally <br /> would prohibit the LSU VP/Foundation CEO from participating, in his capacity as LSU <br /> VP, in any transaction involving LSU in which the economic interest is of a greater <br /> benefit to the Foundation than to any of the other LSU affiliated foundations. As such, if <br /> a specific situation arises in the future, it is the recommendation of the Board that you <br /> request an advisory opinion at that time. <br /> Finally, the Board instructed me to advise you that La. R.S. 42:1115 would prohibit the <br /> LSU VP from soliciting and/or accepting donations from certain prohibited sources for <br /> his personal benefit as well as for the benefit of his agency or another person. Such <br />
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