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Last modified
7/12/2021 10:14:22 AM
Creation date
4/16/2019 10:34:17 AM
Metadata
2019-260
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-260
Requesting Party
Jonathan Gaspard
Decision Date
4/12/2019
Law
La. R.S. 42:1111C(2)(d)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the Avoyelles Water Commission having a Certificate of Deposit with Cottonport Bank while the President of the Water Commission's wife is employed by Cottonport Bank since La. R.S. 39:1233.1 creates an exception for such scenarios.
Ethics Subject Matters
Prohibited Sources
Prohibited Assistance
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STATE OF LOUISIANA <br /> ";,,,,,o DEPARTMENT OF STATE CIVIL SERVICE <br /> P4OF LOp'�S'.j9y-- <br /> LOUISIANA BOARD OF ETHICS <br /> uiy';�'� P.O.BOX 4368 <br /> �14Litt,. ` BATON ROUGE, LA 70821 <br /> °4N.,.** ,, (225)219-5600 <br /> jd <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 16, 2019 <br /> Jonathan Gaspard <br /> Post Office Box 546 <br /> Marksville, LA 71351 <br /> Re: Ethics Board Docket No. 2019-260 <br /> Dear Mr. Gaspard: <br /> The Louisiana Board of Ethics,at its April 12,2019 meeting,considered your request for an advisory <br /> opinion regarding whether there is a conflict of interest with the Avoyelles Water Commission <br /> (Commission)having a Certificate of Deposit with the Cottonport Bank while two members of the <br /> Commission have immediate family members employed by Cottonport Bank.The Avoyelles Water <br /> Commission was created under the provisions of La. R.S. 33:3811 which provides that "[p]olice <br /> juries may divide their respective parishes into one or more waterworks districts...."The President <br /> of the Commission is Penn A. Lemoine and his wife,Jacqueline, is employed by Cottonport Bank. <br /> Albin M. Lemoine,Jr. is also a member of the Commission and his daughter,Rebecca Lemoine, is <br /> employed by Cottonport Bank. <br /> Controlling Statutes (Laws) <br /> La. R.S. 42:1111 C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall received any <br /> thing of economic value for or in consideration of services rendered,or to be rendered,to or for any <br /> person during his public service unless such services are neither performed for nor compensated by <br /> any person from who such public servant would be prohibited by R.S. 42:1115A(1) or (B) from <br /> receiving a gift. <br /> La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or indirectly, <br /> any thing of economic value as a gift or gratuity from any person or from any officer,director,agent, <br /> or employee of such person, if such public servant knows or reasonably should know that such <br /> person has or is seeking to obtain contractual or other business or financial relationships with the <br /> public servant's agency. <br /> La. R.S. 39:1233.1 provides that notwithstanding any provision of Chapter 15 of Title 42 of the <br /> Revised Statutes of 1950 or any other law to the contrary, any member of a local depositing <br /> authority, including the chief executive officer thereof, may serve as an officer, director, or <br /> employee,whether compensated or not,of any national or state bank;provided that he shall recuse <br /> himself from voting in favor of any such bank and shall disclose the reason for such recusal by filing <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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