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Last modified
7/12/2021 10:25:07 AM
Creation date
5/1/2018 11:48:30 AM
Metadata
2018-146
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-146
Requesting Party
Quint J. Liner, Sr.
Decision Date
4/20/2018
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit the Fire Chief for Terrebonne Parish Fire Protection District No. 10 from entering into a business relationship with the District Chairman for Terrbonne Parish Fire Protection District No. 10. However, both individuals should be aware that La. R.S. 42:1112B prohibits participation through their public position in matters involving a person whom they have contracts with and the duty to recuse himself from voting or discussion on any matters involving such persons.
Ethics Subject Matters
Recusal
Public Employee - Definition
Boards and Commissions
Participation
Outside Employment
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STATE OF LOUISIANA <br /> o'7F;;;-.. DEPARTMENT OF STATE CIVIL SERVICE <br /> $4 9 LOUISIANA BOARD OF ETHICS <br /> P.0.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> "Riot- `�. (225)219-5600 <br /> aos , <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 30, 2018 <br /> Mr. Quint J. Liner, Sr. <br /> 1401 Dr. Beatrous Road <br /> Theriot, LA 70397 <br /> Re: Ethics Board Docket No. 2018-146 <br /> Dear Mr. Liner: <br /> The Louisiana Board of Ethics,at its April 20,2018 meeting,considered your request for an advisory <br /> opinion relative to whether you as the Fire Chief for Terrebonne Parish Fire Protection District No. <br /> 10 could enter into a business relationship with Robert Champagne, Jr., who serves as District <br /> Chairman for Terrebonne Parish Fire Protection District No. 10. You stated that the purpose of the <br /> business relationship would be to open a restaurant or other type of business. <br /> The Board concluded and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit you from entering into a business relationship with Robert Champagne,Jr. However, <br /> the Board did instruct me to caution you and Mr. Champagne relative to La. R.S. 42:1112B(2)and <br /> 42:1112B(5). La. R.S. 42:1112B provides that no public servant, except as provided in R.S. <br /> 42:1120, shall participate in a transaction involving the governmental entity in which,to his actual <br /> knowledge, any of the following persons has a substantial economic interest: ... (2) any person in <br /> which he has a substantial economic interest of which he may reasonably be expected to know...and <br /> (5)any person who is a party to an existing contract with such public servant,or with any legal entity <br /> in which the public servant exercises control or owns an interest in excess of twenty-five percent, <br /> or who owes any thing of economic value to such public servant,or to any legal entity in which the <br /> public servant exercises control or owns an interest in excess of twenty-five percent, and who by <br /> reason thereof is in a position to affect directly the economic interests of such public servant. La. <br /> R.S. 42:1120.4 provides that if any appointed member of a board or commission in the discharge <br /> of a duty or responsibility of his office or position,would be required to vote on a matter which vote <br /> would be a violation of R.S. 42:1112, he shall recuse himself from voting. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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