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Last modified
7/12/2021 11:09:07 AM
Creation date
8/22/2017 9:57:58 AM
Metadata
2017-576
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-576
Requesting Party
Phillip Windham
Decision Date
8/18/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit an agriculture specialist in the Grain Division within the Department of Agriculture and Forestry from leasing an eighteen wheeler truck to a third party who may haul grain from a site he inspected as long as the lessee is not seeking to obtain a contractual, business, or other financial relationship with the Grain Division and does not conduct operations or activities regulated by the Grain Division.
Ethics Subject Matters
Payment from Third Parties
Prohibited Sources
Outside Employment
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STATE OF LOUISIANA <br /> ,',aP�oF oiTsf�. <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> m ilii, hie v <br /> jirw;,r.,' IN P.O. BOX 4368 <br /> i ill" ,., u,• <br /> . BATON ROUGE, LA 70821 <br /> , <br /> Oaios , (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> August 21, 2017 <br /> Philip Windham <br /> 926 Wood Road <br /> Pioneer, Louisiana 71266 <br /> Re: Ethics Board Docket No. 2017-576 <br /> Dear Mr. Windham: <br /> The Louisiana Board of Ethics, at its August 18, 2017 Board meeting, considered your request for <br /> an advisory opinion regarding whether you may lease an eighteen wheeler truck to a third party who <br /> may haul grain and other various things from places you inspect. You are currently employed as an <br /> agriculture specialist in the Grain Division within the Department of Agriculture and Forestry.Your <br /> responsibilities in this position include examining,inspecting,and investigating products,facilities, <br /> and commodities to ensure compliance with and enforcement of laws and regulations concerning <br /> agricultural commodities. Specifically,you take samples from barges and rail cars from local grain <br /> elevators to determine the quality of grain. You stated that in no way can you affect whether grain <br /> can or cannot be transported through your position. Further, you normally do not take samples of <br /> grain from trucks but would upon request from any elevator owners. <br /> You and your wife own Windham 4 Farm LLC which owns an eighteen wheeler truck with a hopper <br /> bottom trailer. You stated that these types of trailers are generally used for grain transportation but <br /> are not limited to it.You would like to lease this truck to a third party who may potentially haul grain <br /> to or from an elevator you have inspected. You stated that you would have no right to approve or <br /> disapprove of what the lessee was hauling and to where he would haul it. Further, there would be <br /> no markings on the truck that would let anyone know that the truck is owned by you.You stated that <br /> you would not receive any other form of compensation from the lessee other than the amount owed <br /> for the lease of the truck. Finally,you stated that you would not receive any payments from anyone <br /> you regulate. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit you from leasing an eighteen wheeler truck to a third party who may haul grain from a <br /> site you inspected as long as the lessee is not seeking to obtain a contractual or other business or <br /> financial relationship with the Grain Division and does not conduct operations or activities regulated <br /> by the Grain Division. La. R.S.42:1111 C(2)(d)provides that no public servant an no legal entity in <br /> which the public servant exercises control or owns an interest in excess of twenty-five percent,shall <br /> receive any thing of economic value for or in consideration of services rendered, or to be rendered <br /> to or for any person during his public service unless such services are neither performed for nor <br /> compensated by any person from whom such public servant would be prohibited by R.S. <br /> 42:1115A(1)or(B)from receiving a gift.You stated that the hauling of commodities is not regulated <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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