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Last modified
7/12/2021 11:05:27 AM
Creation date
11/22/2017 2:20:45 PM
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2017-1098
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1098
Requesting Party
Dr. Edgar L. Chase III
Decision Date
11/17/2017
Caption
Advisory opinion that certain board members of the New Orleans Municipal Employment Retirement Systems (NOMERS) would not be prohibited by the Code of Governmental Ethics from participating in discussion or votes during NOMERS' board meetings relating to the civil litigation against the City of New Orleans, since they do not have a substantial economic interest in the litigation.
Ethics Subject Matters
Participation
Boards and Commissions
Public Employee - Definition
Recusal
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play any role in the City's defense of the litigation. She is not expected to have any discussions with <br /> the City's attorney regarding the litigation. <br /> Jesse Evans is the Administrative Director of NOMERS. He regularly attends and contributes to <br /> NOMERS' board meetings, although he is not a board member. He is hired by and reports to the <br /> NOMERS'board,but he is compensated by the City of New Orleans and regularly communicates <br /> with City employees regarding NOMERS' business, including with the City's legal department. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibited Beverly Gariepy,Courtney Bagneris,Lisa Hudson,and Jesse Evans from participating <br /> in discussion or votes during NOMERS' board meetings relating to the civil litigation against the <br /> City of New Orleans.La.R.S.42:1112A prohibits a public servant from participating in a transaction <br /> in which he has a personal substantial economic interest of which he may be reasonably expected <br /> to know involving the governmental entity. La. R.S. 42:1112B(3) prohibits a public servant from <br /> participating in transactions involving the governmental entity in which,to his actual knowledge, <br /> any person of which he is an officer,director,trustee,partner,or employee.While Beverly Gariepy, <br /> Courtney Bagneris, Lisa Hudson, and Jesse Evans each may have an economic interest in the <br /> underlying litigation, it does not rise to the level of a substantial economic interest. La. RS. <br /> 42:1102(21)provides that a substantial economic interest means an economic interest which is of <br /> a greater benefit to the public servant or other person than to a general class or group of persons. <br /> Further,Beverly Gariepy, Courtney Bagneris, Lisa Hudson, and Jesse Evans are employees of the <br /> City of New Orleans, which is not considered a person for purposes of the Code of Governmental <br /> Ethics. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any <br /> questions, please contact me at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Brett Robin n <br /> For the Board <br />
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