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2021-205
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Entry Properties
Last modified
7/12/2021 9:49:22 AM
Creation date
5/10/2021 9:29:59 AM
Metadata
2021-205
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-205
Requesting Party
Kathy Dwyer
Decision Date
5/7/2021
Law
R.S. 42:1111C(2)(d)
R.S. 42:1113B
R.S. 42:1112B(3)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit members of the Regional Advisory Committee or members of the State Advisory Committee from receiving employment compensation from Families Helping Families.
Ethics Subject Matters
Prohibited Assistance
Prohibited Transactions
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The Board further cautioned that a transaction with either the Regional Advisory <br /> Committee or the State Advisory Committee which would present a potential violation of <br /> Section 1113B cannot be cured by recusal. However, the following exception to the Code <br /> would allow the committee member to remain employed by an entity seeking to contract <br /> with OCDD: <br /> La. R.S. 42:1123(23): <br /> This Part shall not preclude: Any member of the state or regional advisory <br /> committees for the office for citizens with developmental disabilities from being <br /> employed by a private, nonprofit, corporation, agency, organization, or association <br /> that receives state funds under contractual agreement with the office for citizens <br /> with developmental disabilities. However, such member shall recuse himself from <br /> participating in any action of the committee specifically relating to such contracts <br /> with the office for citizens with developmental disabilities for the receipt of state <br /> funds. <br /> The Board suggests that any specific member request an advisory opinion prior to entering <br /> into any transaction in the event a potential conflict of interest arises. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a different application of the provisions of the Code of <br /> Governmental Ethics. Please note that the Board issues no opinion as to past conduct and <br /> that the Board's expressed opinion is limited to an examination of the Code of <br /> Governmental Ethics,the Campaign Finance Disclosure Act,the Lobbyist Disclosure Acts, <br /> and the conflict of interest provisions in the gaming laws. <br /> If you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOU ANA I FfidilkpfitICS <br /> II avid M. Bordelon <br /> For the Board <br /> Page 6 of 6 (Docket No. 2021-205) <br />
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