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Last modified
7/12/2021 9:53:34 AM
Creation date
7/7/2020 8:31:23 AM
Metadata
2020-443
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-443
Requesting Party
E. Joseph Savoie
Decision Date
7/2/2020
Law
La. R.S. 42:1112A
La. R.S. 42:1112B(3)
La. R.S. 42:1102(16)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the appointment of Dr. Stephen Barnes to oversee a contract between the Univesity of Louisiana at Lafayette and the Louisiana Workforce Commission since both are governmental entities and not persons.
Ethics Subject Matters
Participation
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STATE OF LOUISIANA <br /> Of•LOU, DEPARTMENT OF STATE CIVIL SERVICE <br /> / <br /> ° FF\I, LOUISIANA BOARD OF ETHICS <br /> v V P.P.O. BOX 4368 <br /> * L/ * BATON ROUGE, LA 70821 <br /> `�roF,pes`E (225)219-5600 <br /> »w•' FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 7, 2020 <br /> E. Joseph Savoie <br /> University of Louisiana at Lafayette <br /> P.O. Box 41008 <br /> Lafayette, Louisiana 70504-1008 <br /> Re: Ethics Board Docket No. 2020-443 <br /> Dear Mr. Savoie: <br /> The Louisiana Board of Ethics,at its July 2,2020 meeting,considered your request on behalf of the <br /> University of Louisiana at Lafayette for an advisory opinion as to whether the appointment of Dr. <br /> Barnes to the contract between University of Louisiana at Lafayette and Louisiana Workforce <br /> Commission is a violation of the Code of Governmental Ethics. <br /> FACTS PROVIDED <br /> Dr. Stephen Barnes is currently employed as a professor by University of Louisiana at Lafayette <br /> ("ULL"). He also currently serves on the state Revenue Estimating Conference. ULL has a contract <br /> with Louisiana Workforce Commission to support the development and review of industry and <br /> economic forecasts. The professor currently assigned to this contract is retiring effective June 30, <br /> 2020, and ULL would like to appoint Dr. Barnes as the replacement professor. <br /> LAWS <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof <br /> La. R.S. 42:1112(A) prohibits a public servant from participating in a transaction involving his <br /> governmental entity in which he has a substantial economic interest. <br /> La. R.S. 42:1112(8)(3) states that no public servant shall participate in a transaction involving the <br /> governmental entity in which,to his actual knowledge,any person of which he is an officer,director, <br /> trustee, partner, or employee has a substantial economic interest. <br /> ANALYSIS <br /> Dr. Barnes' participation in the contract would not violate La. R.S. 42:1112(A), as he has no <br /> personal substantial economic interest. Dr. Barnes' participation in the contract would not violate <br /> La. R.S. 42:1112(B)(3) because the university is not a "person" under La. R.S. 42:1102(16). <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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