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Last modified
7/12/2021 11:06:23 AM
Creation date
3/20/2017 1:42:59 PM
Metadata
2017-204
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-204
Requesting Party
Kelly P. Tate
Agency at Issue
Town of Mamou & Evangeline Parish Distric Attorney's Office
Decision Date
3/17/2017
Caption
Advisory opinion that a part-time Assistant District Attorney with the Evangeline Parish District Attorney's Office would not be prohibited by the Code of Governmental Ethics from serving as a Magistrate for the Town of Mamou as long as she is compensated by each agency for only the hours of service performed on their behalf.
Ethics Subject Matters
Payment - Not Duly Entitled
Public Employee - Definition
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STATE OF LOUISIANA <br /> toot;, <br /> s"pm LOui' DEPARTMENT OF STATE CIVIL SERVICE <br /> 4 Sl9y= LOUISIANA BOARD OF ETHICS <br /> ,4 >>' P.O. BOX 4368 <br /> 1;1.;iJ� BATON ROUGE, LA 70821 <br /> (225)219-5600 <br /> •••• iO° <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> March 20, 2017 WWW.ethics.la.gov <br /> Kelly P. Tate <br /> Post Office Drawer 280 <br /> Mamou, Louisiana 70554-0280 <br /> Re: Ethics Board Docket No. 2017-204 <br /> Dear Ms. Tate: <br /> The Louisiana Board of Ethics, at its March 17, 2017 Board meeting, considered your request for <br /> an advisory opinion regarding whether you may serve as a Magistrate for the Town of Mamou while <br /> you are employed on a part-time basis as an Assistant District Attorney with the Evangeline Parish <br /> District Attorney's Office. You stated that if you were to be appointed to the Magistrate position,it <br /> would be based on the recommendation of the mayor of Mamou and through a vote of the Mamou <br /> City Council.As a part-time Assistant District Attorney,you do not represent the State of Louisiana <br /> in the Mayor's Court. Further, only violations of the municipal ordinances of the Town of Mamou <br /> are heard in the Mayor's Court. You stated that the Magistrate position is a part-time position as <br /> well. <br /> The Board concluded, and instructed me to inform you, that the Louisiana Code of Governmental <br /> Ethics would not prohibit from you serving as a Magistrate for the Town of Mamou while serving <br /> as a part-time Assistant District Attorney for Evangeline Parish District Attorney's Office. La.R.S. <br /> 42:1111A(1) provides that no public servant shall receive anything of economic value, other than <br /> compensation and benefits from the governmental entity to which he is duly entitled, for the <br /> performance of the duties and responsibilities of his office or position.Since both positions are part- <br /> time positions, you would not be prohibited from serving in both positions, as long as you are <br /> compensated by each agency for only the hours of service performed on their behalf. However,you <br /> should seek an opinion from the Attorney General's Office regarding the Dual Office Holding <br /> provisions under their jurisdiction. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any <br /> questions,please contact me at (225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOU IANA !ARD OF ETHICS <br /> Brett Robinson <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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