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Entry Properties
Last modified
7/12/2021 10:15:48 AM
Creation date
6/24/2019 11:00:38 AM
Metadata
2019-561
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-561
Requesting Party
Kyle D. Kennington
Decision Date
6/21/2019
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 39:1233.1
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Kyle Kennington from continuing his employment with Community Bank of Louisiana if he is elected to the Desoto Parish Police Jury since the Desoto Parish Police Jury is a local depositing authority and La. R.S. 39:1233.1 provides an exception for such scenarios.
Ethics Subject Matters
Payment from Third Parties
Prohibited Assistance
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STATE OF LOUISIANA <br /> ,,n pF LOUj DEPARTMENT OF STATE CIVIL SERVICE <br /> ��'`?°" „/?;:y LOUISIANA BOARD OF ETHICS <br /> r611��I��, P.O.BOX 4368 <br /> BATON ROUGE, LA 70821 <br /> °Nppf ,a` (225)219-5600 <br /> " ,,,,, FAX (225)381-7271 <br /> une 24, 2019 1-800-842-6630 <br /> wwwethics.la goy <br /> Kyle D. Kennington <br /> 501 Easton Private Drive <br /> Stonewall, LA 71078 <br /> Re: Board Docket No. 2019-561 <br /> Dear Mr. Kennington: <br /> The Louisiana Board of Ethics, at its June 21, 2019 meeting, considered your request for an <br /> advisory opinion as to whether you would be prohibited from serving on the Desoto Parish <br /> Police Jury while you are employed as Senior Vice President of Community Bank of Louisiana. <br /> FACTS PROVIDED <br /> You stated that you are currently employed as the Senior Vice President of Community Bank of <br /> Louisiana and are considering running in a future election to serve on the Desoto Parish Police <br /> Jury. You are not paid on a commission basis and would not be the officer of record for any <br /> accounts the Desoto Parish Police Jury may have with the Community Bank of Louisiana. If <br /> elected to serve on the Desoto Parish Police Jury, you would recuse yourself on any matters <br /> related to the Community Bank of Louisiana. <br /> LAW <br /> La. R.S. 42:1111C(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 receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> any person during his public service unless such services are neither performed for nor <br /> compensated by any person from who such public servant would be prohibited by R.S. <br /> 42:1115A(1) or(B) from receiving a gift. <br /> La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or <br /> indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, <br /> director, agent, or employee of such person, if such public servant knows or reasonably should <br /> know that such person has or is seeking to obtain contractual or other business or financial <br /> relationships with the 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 <br /> recuse himself from voting in favor of any such bank and shall disclose the reason for such <br /> recusal by filing same into the minutes or record of the local depositing authority and by <br /> forwarding a disclosure form to the Board of Ethics. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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