2017-241 (2) - Laserfiche WebLink

Ethics Board Docket No. 2017-241A Ms. Erin Guerra July 26, 2017 Page 2 during her public service unless such services are neither performed for nor compensated by any person that has or seeks to have a contractual,business,or financial relationship with her agency nor conducts operations or activities which are regulated by her agency, or has substantial economic interests which may be substantially affected by the performance or nonperformance of her official duty. The Board also concluded,and instructed me to inform you,that if NANO submits a project in the future that must be reviewed by the New Orleans Department of Safety and Permits, you need to submit a new request for an advisory opinion that provides specific details as to that project and the involvement of the Safety and Permits Department, including whether the project will be regulated or continuously reviewed by your department until its completion. In general, you should be aware of the prohibitions in La.R.S.42:1111C(2)(d), see above, and BD 82-02D that provides a narrow exception to Section 1111 C(2)(d)of the Code when certain factors are met: (1)the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3)the public servant must own less than a"controlling interest"in the company;and(4)the public servant must be neither an officer, director,trustee,nor partner in the company. This exception only applies to public servants who are existing employees of the person or entity that has or is seeking to have a contractual,business or financial relationship with the public servant's agency. The exception does not apply to those persons that are regulated by the public servant's agency. Further,La.R.S.42:1111E(1)provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction,with the agency of such public servant. And, La. R.S. 42:1112B(3) provides that no public servant shall participate in a transaction involving the governmental entity in which,to his actual knowledge,any person of which he is an officer, director,trustee,partner, or employee has a substantial economic interest. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application ofthe provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of