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Entry Properties
Last modified
7/12/2021 10:13:07 AM
Creation date
11/21/2019 10:10:38 AM
Metadata
2019-1103
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-1103
Requesting Party
Robert A. Barbera
Decision Date
11/15/2019
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1117
Caption
Advisory Opinion whereby the Code of Governmental Ethics would prohibit Barbera Chevrolet from making payments to an elected official and certain public employees of Assumption Parish if Barbera Chevrolet seeks a contractual, business or financial relationship with the parish.
Ethics Subject Matters
Prohibited Transactions
Prohibited Sources
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6. <br /> Between September 2009 through January 2012,Barbera Chevrolet submitted several bids <br /> to the Assumption Parish Waterworks District No. 1 for the sale of vehicles. <br /> 7. <br /> Barbera Chevrolet was never awarded by the Assumption Parish Waterworks District No. <br /> 1 any of the bids subject herein. <br /> 8 <br /> If called to testify.Myron Mgtherne would state the following: <br /> That he was never aware of and had no knowledge of Barbera Chevrolet submitting <br /> bids to the Assumption Parish.Waterworks District No. 1 for the sale of vehicles. <br /> (22t he had no knowledge that the submission of any such bids by Barbera Chevrolet <br /> to the Assumption Parish Waterworks District No. 1 may be a violation of La.R,S, <br /> 42:111 I C(2)(d). <br /> (e) That he had no intention to violate any law. <br /> That he did not accept or receive any monies,gifjs.or gratuities in specific relation <br /> to any bids by or from Barbera Chevrolet regarding the bids subject of the charges. <br /> 9. <br /> La.R.S.42:1111C(2)(d)provides for payments from nonpublic sources as follows: <br /> C.(2)No public servant and no legal entity in which the public servant exercises <br /> 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 <br /> or for any person during his public service unless such services are: <br /> (d)Neither performed for nor compensated by any person from whom such public <br /> servant would be prohibited by R.S.42:1115(A)(1)or(B)from receiving a gift. <br /> La.R.S.42:1115 provides with respect to gifts: <br /> A. No public servant shall solicit or accept, directly or indirectly, any thing of <br /> economic value as a gift or gratuity from any person or from any officer, director, <br /> agent,or employee of such person,if such public servant knows or reasonably should <br /> know that such person:' <br /> Docket No.2013-1355A Page 2 of 7 <br />
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