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Entry Properties
Last modified
7/12/2021 10:13:07 AM
Creation date
11/21/2019 10:10:38 AM
Metadata
2019-1103
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-1103
Requesting Party
Robert A. Barbera
Decision Date
11/15/2019
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1117
Caption
Advisory Opinion whereby the Code of Governmental Ethics would prohibit Barbera Chevrolet from making payments to an elected official and certain public employees of Assumption Parish if Barbera Chevrolet seeks a contractual, business or financial relationship with the parish.
Ethics Subject Matters
Prohibited Transactions
Prohibited Sources
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STATE OF LOUISIANA <br /> OF LO,1 DEPARTMENT OF STATE CIVIL SERVICE <br /> ��w (4N LOUISIANA BOARD OF ETHICS <br /> \A P.0.BOX 4368 <br /> * / * BATON ROUGE, LA 70821 <br /> •°o"F,oE•-ct• (225)219-5600 <br /> »o»•' <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> November 20, 2019 <br /> Mr. Robert A. Barbera <br /> President <br /> Barbera Chevrolet <br /> P.O. Box 280 <br /> Napoleonville, Louisiana 70390 <br /> Re: Ethics Board Docket No.2019-1103 <br /> Dear Mr. Barbera: <br /> The Louisiana Board of Ethics, at its November 15, 2019 meeting, considered your request for an <br /> advisory opinion as to whether Barbera Chevrolet is prohibited from selling vehicles to Assumption <br /> Parish or any of its subsidiaries,particularly the Assumption Parish Water Works District,while an <br /> employee's husband serves as a member of the Assumption Parish Police Jury. <br /> FACTS PROVIDED <br /> You stated that in the past the husband of an employee was fined for receiving a thing of economic <br /> value from Barbera Chevrolet at a time when the husband was serving as a member of the <br /> Assumption Parish Police Jury and Barbera Chevrolet was transacting business with the Assumption <br /> Parish Water Works District. In Board of Ethics Docket No. 2013-1355,the Board entered into a <br /> Consent Order with Myron Matherne finding he violated La. R.S. 42:1111C(2)(d) by receiving a <br /> thing of economic value through his wife's salary for services rendered to Barbera Chevrolet while <br /> he served as a member of the Assumption Parish Police Jury and Barbera Chevrolet was transacting <br /> business with the Assumption Parish Water Works District,which is part of Mr.Matherne's agency. <br /> A copy of the Consent Order is enclosed for your reference. <br /> LAWS <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 thing <br /> of economic value for or in consideration of services rendered,or to be rendered,to or for any person <br /> during his public service unless such services are:(d)Neither performed for nor compensated by any <br /> person or from any officer,director,agent,or employee of such person,if such public servant knows <br /> or reasonably should know that such person has or is seeking to obtain contractual or other business <br /> or financial relationships with the public servant's agency. <br /> La. R.S. 42:1117 provides that no public servant or other person shall give,pay, loan, transfer, or <br /> deliver or offer to give,pay,loan,transfer,or deliver,directly or indirectly,to any public servant or <br /> other person any thing of economic value which such public servant or other person would be <br /> prohibited from receiving by any provision of this Part. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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