Louisiana Ethics Administration Program
Home
Charges Search
EAB Decisions Search
My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2020-369
LAEthics
>
Opinions
>
SearchableOpinions
>
2020
>
2020-369
Metadata
Thumbnails
New Search
Entry Properties
Last modified
7/12/2021 9:53:26 AM
Creation date
6/9/2020 8:16:55 AM
Metadata
2020-369
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-369
Requesting Party
Julius P. Hebert, Jr./Michelle
Decision Date
6/5/2020
Law
R.S. 42:1113A
R.S. 42:1111.1
Caption
Advisory Opinion whereby the Code of Governmental Ethics would prohibit John Navy, a member of the Terrebonne Parish Council, from applying for and receiving a Bayou Business Recovery grant administered by the Terrebonne Parish Economic Development Authority, since it is an entity created by the parish.
Ethics Subject Matters
Prohibited Contracts
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
3
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
participate in the allocation of funding or awarding decisions. <br /> LAWS <br /> La. R.S. 42:1113A: No public servant or member of such a public servant's immediate family, or <br /> legal entity in which he has a controlling interest shall bid on or enter into any contract, <br /> subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such <br /> public servant. <br /> La. R.S. 42:1111.1: Notwithstanding any contrary provision of this Part, during the time period <br /> extending from the date of a gubernatorially declared disaster or emergency and ending on the date <br /> five years after the date the gubernatorially declared disaster or emergency was initially declared <br /> by the governor, a public servant may receive a thing of economic value as a contribution or <br /> donation from a not-for-profit organization or a fund within a not-for-profit organization for the <br /> purpose of disaster aid or relief to offset any economic losses suffered by the public servant as a <br /> result of the gubernatorially declared disaster or emergency, provided that the total value of <br /> contributions received by the public servant related to the gubernatorially declared disaster or <br /> emergency from not-for-profit organizations or funds within not-for-profit organizations shall not <br /> exceed twenty-five thousand dollars. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would prohibit John Navy from applying for and receiving the Bayou Business Recovery grant, <br /> administered by TEDFo. TEDA is under the authority of the councilman, as it is an entity created <br /> by the parish. Additionally, TEDA receives budgeting from TPCG. By filing the application for <br /> the grant, John Navy would be violating La. R.S. 42:1113A by entering into a transaction under <br /> the supervision of his agency. Further. La. R.S. 42:1111.1 does not apply because although, it <br /> provides a limited exception to the general prohibition on the solicitation and acceptange of gifts, <br /> it does not create a loophole whereby John Navy is allowed to enter into a transaction under the <br /> supervision of his agency. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If <br /> you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Page 2 of 3 <br /> Docket No.2020-369 <br />
The URL can be used to link to this page
Your browser does not support the video tag.