2019-1112 - Laserfiche WebLink

STATE OF LOUISIANA 4,OF.LDUlsr DEPARTMENT OF STATE CIVIL SERVICE t7 ,i; � �°�^'2, LOUISIANA BOARD OF ETHICS " i \ 1 P.O. BOX 4368 * ` BATON ROUGE,LA 70821 ''°,,FIDF' (225)219-5600 .........) FAX (225)381-7271 1-800-842-6630 www.ethics.la.gov December 30, 2019 Mr. Richard P. Ieyoub Commissioner of Conservation Department of Natural Resources, Office of Conservation Post Office Box 94275 Baton Rouge, LA 70804-9275 RE: Docket No. 2019-1112 Dear Commissioner Ieyoub: The Louisiana Board of Ethics, at its December 20, 2019 meeting, considered your request for an advisory opinion as to whether the Code of Governmental Ethics would prohibit the State of Montana and Louisiana Mid-Continent Oil & Gas Association ("LMOGA") Foundation from donating software and services to the Department of Natural Resources, Office of Conservation ("OOC"). FACTS PROVIDED You stated that OOC regulates the application procedure to obtain permits for creating and using salt dome caverns in Louisiana. You stated that due to the complexity of the regulatory requirements, the application process to create and use a salt dome cavern is very lengthy, frequently taking as much as one thousand man-hours to complete. You stated that the State of Montana has developed software to aid in the permitting process to approve mining permits. You stated that the State of Montana has offered to donate the rights and a copy of the software to the State of Louisiana. You stated that the software would require modification for use in Louisiana and OOC does not have IT personnel on its staff to make the modifications. You stated that LMOGA Foundation,a non-profit corporation in Louisiana has offered to donate its assistance to make the necessary modifications. You stated that the LMOGA Foundation has performed similar services for the Department of Environmental Quality and that the LMOGA Foundation conducts no operations in the State of Louisiana that would subject it to the jurisdiction or regulatory oversight of the OOC. LAW La. R.S. 42:1115(A)prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer,director,agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1)has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or(2) is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency. La.R.S.42:1115(B)prohibits a public employee from soliciting or accepting,directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer,director,agent, or employee of such person, if such public employee knows or reasonably should know that such AN EQUAL OPPORTUNITY EMPLOYER