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2019-326
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Entry Properties
Last modified
7/12/2021 10:14:50 AM
Creation date
4/16/2019 10:35:59 AM
Metadata
2019-326
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-326
Requesting Party
Marshall Hevron
Decision Date
4/12/2019
Law
La. R.S. 42:1111A
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1111E(1)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit employees of Ochsner Medical Center from serving on the Discovery Health Sciences Charter School Board while Ochsner and Discovery have a partnership agreement since there is an exception found in La. R.S. 17:3991.1 for such scenarios.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
Payment - Not Duly Entitled
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April 16, 2019 <br /> Ethics Board Docket No. 2019-326 <br /> Mr. Marshall Hevron <br /> Page 3 <br /> donation of hardware, software, Internet access, Internet hardware, enterprise systems, software <br /> licenses, smart board technology,or audiovisual equipment. The value of a major renovation or of <br /> an investment of technology shall be equal to at least fifty percent of the per pupil allocation of state <br /> funds by the minimum foundation program formula for that year for the parish in which the school <br /> is located multiplied by the school's enrollment as defined in the charter agreement. <br /> La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent,shall receive any thing <br /> of economic value for or in consideration of services rendered,or to be rendered,to or for any person <br /> during his public service unless such services are:(d)Neither performed for nor compensated by any <br /> person or from any officer,director,agent,or employee of such person,if such public servant knows <br /> or reasonably should know that such person has or is seeking to obtain contractual or other business <br /> or financial relationships with the public servant's agency; conducts operations or activities which <br /> are regulated by the public employee's agency; or has substantial economic interests which may be <br /> substantially affected by the performance or nonperformance of the public employee's official duty. <br /> La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other <br /> than compensation and benefits from the governmental entity to which he is duly entitled, for the <br /> performance of the duties and responsibilities of his office or position. <br /> La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public <br /> servant is an officer, director, trustee, partner, or employee, or in which such public servant has a <br /> substantial economic interest, shall receive or agree to receive any thing of economic value for <br /> assisting a person in a transaction, or in an appearance in connection with a transaction, with the <br /> agency of such public servant. <br /> La.R.S.42:1114 provides that each public servant and each member of his immediate family who <br /> derives anything of economic value,directly,through any transaction involving the agency of such <br /> public servant or who derives any thing of economic value of which he maybe reasonably expected <br /> to know through a person which(1)is regulated by the agency of such public servant,or(2)has bid <br /> on or entered into or is in any way financially interested in any contract, subcontract, or any <br /> transaction under the supervision or jurisdiction of the agency of such public servant shall disclose <br /> certain information as set forth in Section 1114. <br /> La. R.S. 42:1124.3 requires persons holding a public office who represent a voting district having <br /> a population of less than 5,000 and each member of the governing authority or management board <br /> of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of <br /> 1950 to file a financial disclosure statement on or before May 15th of each year during which the <br /> person holds office and the year following termination of the holding of such office. <br />
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