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Last modified
7/12/2021 11:09:50 AM
Creation date
8/21/2017 12:46:28 PM
Metadata
2017-746
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-746
Requesting Party
Hon. Mike Danahay
Decision Date
8/18/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit the continued employment of an employee of Lake Charles Office Supply if the employee was elected Mayor of Sulphur at a time when Lake Charles Office Supply does business with the City of Sulphur, since the emlpoyee would meet the four factors in 82-02D. However, the employee would be prohibited from participating in any matters involving the City of Sulphur and Lake Charles Office Supply and a disclosure form in accordance with La. R.S. 42:1114 would be required to be filed by May 15th.
Ethics Subject Matters
Disclosure - Other
Boards and Commissions
Outside Employment
Participation
Prohibited Sources
Public Employee - Definition
Recusal
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Rep. Mike Danahay <br /> August 21, 2017 <br /> Page -2- <br /> be a salaried or wage-earning employee; (2) the employee's salary must remain substantially <br /> unaffected by the contractual relationship; (3)the public servant must own less than a"controlling <br /> interest"in the company; and(4)the public servant must be neither an officer, director,trustee,nor <br /> partner in the company. Since you meet the factors set forth in the exception, your continued <br /> employment is not prohibited. <br /> However,the Board concluded, and instructed me to inform you,that La. R.S. 42:1112B(3)would <br /> prohibit you from participating in any matters involving the City of Sulphur and LCOS while you are <br /> employed with LCOS. La. R.S. 42:1112B(3) states that no public servant shall participate in a <br /> transaction 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. La.R.S. <br /> 42:1120 provides that if any elected official,in the discharge of a duty or responsibility of his office <br /> or position,would be required to vote on a matter which vote would be a violation of R.S. 42:1112, <br /> he shall recuse himself from participating in discussion and debate concerning the matter,provided <br /> that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior <br /> to his participation in the discussion or debate and prior to the vote that is the subject of discussion <br /> or debate. <br /> In addition,the Board concluded, and instructed me to inform you,that you will be required to file <br /> annual financial disclosure statements by the 15TH day of May with the Louisiana Board of Ethics <br /> pursuant to La. R.S. 42:1114 disclosing the income you receive from LCOS while LCOS has a <br /> contractual,financial,or business relationship with your agency. La.R.S.42:1114 provides that each <br /> public servant and each member of his immediate family who derives anything of economic value, <br /> directly,through any transaction involving the agency of such public servant or who derives any thing <br /> of economic value of which he may be reasonably expected to know through a person which (1) is <br /> regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way <br /> financially interested in any contract, subcontract, or any transaction under the supervision or <br /> jurisdiction of the agency of such public servant shall disclose certain information as set for in Section <br /> 1114. <br /> Page 2 of 3 <br />
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