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2016-963
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Last modified
7/12/2021 11:24:34 AM
Creation date
1/18/2017 3:51:26 PM
Metadata
2016-963
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-963
Requesting Party
Gaston P. Dupas, Jr.
Parties Involved
Autozone
City of New Iberia Public Works Department
Decision Date
12/16/2016
Caption
Advisory opinion that an employee of the City of New Iberia Public Works Department would not be prohibited by the Louisiana Code of Governmental Ethics from continuing his part-time employment with Autozone, since he is a salaried employee, his salary is unaffected by the relationship between Autozone and the City, he has no ownership interest in Autozone, and he does not hold a position other than being an employee in accordance with 82-02D.
Ethics Subject Matters
Outside Employment
Payment from Third Parties
Prohibited Sources
Public Employee - Definition
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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 />
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