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STATE OF LOUISIANA <br /> sq DEPARTMENT OF STATE CIVIL SERVICE <br /> fe�p4oM r I <br /> wtie LOUISIANA BOARD OF ETHICS <br /> yi;�i; .1 P.O. BOX 4368 <br /> I' .1 J+ BATON ROUGE, LA 70821 <br /> o"`ws ,/ (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethicsstatela.us <br /> December 21, 2016 <br /> Mr. Gaston P. Dupas, Jr. <br /> 2113 Sheila Drive <br /> New Iberia, Louisiana 70560 <br /> Re: Ethics Board Docket No. 2016-963 <br /> Dear Mr. Dupas: <br /> The Louisiana Board of Ethics, at its December 16, 2016 meeting, considered your request for an <br /> advisory opinion as to whether you may continue your part-time employment with Autozone while <br /> you are employed with the City of New Iberia Public Works Department. You stated that you are <br /> a part-time employee with Autozone at its Broussard,Louisiana location. You stated that you have <br /> recently accepted employment with the City of New Iberia Public Works Department as an <br /> Automotive Equipment Mechanic. You stated that the City of New Iberia does have an account with <br /> Autozone at its New Iberia location. Both the New Iberia and Broussard locations are owned by the <br /> same owners. According to the New Iberia City Finance Department,the public works department <br /> has not purchased items from Autozone in two years. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit your continued part-time employment with Autozone while you are employed with the <br /> City of New Iberia Public Works Department since the exception in BD No. 82-02D is applicable. <br /> In general,La.R.S.42:1111C(2)(d)provides that no public servant and no legal entity in which the <br /> public servant exercises control or owns an interest in excess of twenty-five percent, shall receive <br /> any thing of economic value for or in consideration of services rendered,or to be rendered,to or for <br /> any person during his public service unless such services are: (d) Neither performed for nor <br /> compensated by any person or from any officer,director,agent,or employee of such person,if such <br /> public servant knows or reasonably should know that such person has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency; conducts <br /> operations or activities which are regulated by the public employee's agency; or, has substantial <br /> economic interests which may be substantially affected by the performance or nonperformance of <br /> the public employee's official duty. <br /> Ethics Board Docket No. 82-02D provides an exception to Section 1111C(2)(d)of the Code when <br /> the following factors are met: (1)the employee must be a salaried or wage-earning employee; (2) <br /> the employee's salary must remain substantially unaffected by the contractual relationship; (3)the <br /> public servant must own less than a"controlling interest"in the company;and(4)the public servant <br /> must be neither an officer, director, trustee, nor partner in the company. Since you are a salaried <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />