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Last modified
7/12/2021 11:09:00 AM
Creation date
7/24/2017 10:46:48 AM
Metadata
2017-572
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-572
Requesting Party
Kirk Talbot
Decision Date
7/21/2017
Caption
Advisory opinion that a member of the Louisiana House of Representatives, who owns a one third interest in Lucky Dogs, Inc., and any member of his immediate family would not be prohibited by the Code of Governmental Ethis from contracting with the Audubon Nature Institute in New Orleans, since the proposed contract is not with the state or one of its agencies or with his agency, the legislative branch of state government.
Ethics Subject Matters
Prohibited Contracts
Public Employee - Definition
Payment from Third Parties
Outside Employment
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STATE OF LOUISIANA <br /> oST DEPARTMENT OF STATE CIVIL SERVICE <br /> 0♦♦♦'Sag'LO9�c <br /> LOUISIANA BOARD OF ETHICS <br /> II P.O.BOX 4368 <br /> IIVr�` <br /> 44,14 a BATON ROUGE,LA 70821 <br /> C'YFIOEt� ♦♦♦♦'♦ (225)219-5600 <br /> . "° FAX:(225)381-7271 <br /> JJul 24, 2017 1-800-842-6630 <br /> ulywwwethics.la.gov <br /> Kirk Talbot <br /> 9625 Evelyn Place <br /> River Ridge, LA 70123 <br /> Re: Ethics Board Docket No. 2017-572 <br /> Dear Mr. Talbot: <br /> The Louisiana Board of Ethics, at its July 21, 2017 meeting, considered your request for an <br /> advisory opinion as to whether a company which you and your family own may contract with the <br /> Audubon Nature Institute in New Orleans. You stated that you are a member of the Louisiana <br /> House of Representatives, District 78. You also provided information that you, your brother, and <br /> your mother each own a one-third interest in Lucky Dogs, Inc. which would like to contract with <br /> the Audubon Nature Institute in New Orleans to operate a kiosk at the Audubon Zoo. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would not prohibit you, your immediate family, or Lucky Dogs, Inc. from contracting with the <br /> Audubon Nature Institute in New.Orleans. Section 1113C of the Code prohibits a legislator, <br /> member of his immediate family, or legal entity in which he has a controlling interest from <br /> bidding on, entering into, or being in any way interested in any contract, subcontract, or other <br /> transaction involving the legislator's agency. Further, Section 1113D of the Code prohibits a <br /> legislator, or the spouse of such person or any legal entity of a person from entering into any <br /> contract with state government. Section 1102(2)(a)(iv) of the Code provides "for public servants <br /> in the legislative branch of state government, [agency] shall mean the agency or house of the <br /> legislature by which a public employee is employed and the legislative branch in the case of <br /> legislators." No violation of Sections 1113C and 1113D of the Code is presented because the <br /> proposed contract is not with the state or one of its agencies or with your agency, the legislative <br /> branch of state government. <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 <br /> Board issues no opinion as to past conduct or as to laws other than the Code of Governmental <br /> Ethics. If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Je fifer T. and <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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