2020-208 - Laserfiche WebLink

employee of such person,if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1111(E)(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction,or in an appearance in connection with a transaction,with the agency of such public servant La. R.S. 42:1112(A) states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity. La. R.S. 42:1112(6)(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest La.R.S.42:1120 provides that if an elected official,in the discharge of a duty or responsibility of his office or position,would be required to vote on a matter which would be a violation of RS.42:1112,he shall recuse himself from voting.An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate. CONCLUSION The Board concluded,and instructed me to inform you,that based on the facts presented,the following are the answers to the questions posed: A. As an independent contractor managing the ICE Institute's annual "Plan of Action," I am requested by the ICE Board of Directors to submit a grant funding request to be considered in the annual Parish's Omnibus budget which is collectively voted on by all Commissioners. Will recusing myself from voting on the budget still create a conflict? Yes. Even if you recused yourself from voting as a Caddo Parish Commissioner,in accordance with La. R.S. 42:1120, your continued operation as the ICE Institute's managing director would be prohibited by La.RS.42:1111(C)(2)(d) and La. R.S.42:1111(E). B. Although the independent ICE Board of Director's requests Parish grant funding,it raises separate private funding to pay for my contractual services. The CPC requests a bi-annual Page 2 of 4 Docket No.2020-208