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Last modified
7/12/2021 11:10:19 AM
Creation date
9/19/2017 8:40:35 AM
Metadata
2017-869
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-869
Requesting Party
Mr. Bobby King
Decision Date
9/15/2017
Caption
Advisory opinion that a Building Official for the City of Walker, or a business she owns, would not be prohibited by the Code of Governmental Ethics from requesting building permits from Livingston Parish or other municipalities, because she, or her business, would not be transacting with her agency, the City of Walker Building and Permitting Department.
Ethics Subject Matters
Prohibited Contracts
Public Employee - Definition
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�„ ,,,,, STATE OF LOUISIANA <br /> ,, ,LOU,, DEPARTMENT OF STATE CIVIL SERVICE <br /> 0 •�, „ 9i= LOUISIANA BOARD OF ETHICS <br /> • <br /> �4P�� y i�� P.O.BOX 4368 <br /> BATON ROUGE, LA 70821 <br /> , (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> September 15, 2017 <br /> Mr. Bobby King <br /> Walker City Attorney <br /> Post Office Box 217 <br /> Walker, Louisiana 70785 <br /> Re: Louisiana Board of Ethics Docket No.2017-869 <br /> Dear Mr. King: <br /> The Louisiana Board of Ethics,at its September 15,2017 meeting,considered your request <br /> for an advisory opinion regarding whether the Code of Governmental Ethics would prohibit Nancy <br /> Kimble's business from purchasing a tract of land within the city limits of Walker to build a personal <br /> residence and several other houses for commercial sale purposes. As the Building Official for <br /> Walker Ms. Kimble's job duties include issuing permits for construction within the City limits. <br /> However, You provided that Livingston Parish or other municipalities have building officials who <br /> could conduct all necessary inspection and permits on the proposed new construction. Ms. Kimble <br /> would not participate in the permitting process in any way and the company would not apply for any <br /> permits with her agency,the City of Walker Building and Permitting Department. <br /> The Board concluded,and instructed me to advise you,that under the specific circumstances <br /> presented above,La.R.S.42:1113A would not prohibit Ms.Kimble or her business from requesting <br /> building permits from Livingston Parish or other municipalities. La. R.S. 42:1113A prohibits a <br /> public servant or a member of such public servant's immediate family or a legal entity in which he <br /> has controlling interest from bidding on or entering into any contract,subcontract or other transaction <br /> that is under the supervision or jurisdiction of the public servant's agency. Because Ms. Kimble's <br /> business would not be transacting with her agency, the City of Walker Building and Permitting <br /> Department, La. R.S. 42:1113A would not prohibit her business from proceeding with the <br /> construction. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to th facts <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or laws other than Code of Governmental Ethics. If you have <br /> any questions,please contact me at(225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> C(29 <br /> Suzanne Quinlan Mooney <br /> cc: Nancy Kimble For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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