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Last modified
7/12/2021 9:49:16 AM
Creation date
5/11/2021 10:34:31 AM
Metadata
2021-203
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-203
Requesting Party
Tanika L Starks
Decision Date
5/7/2021
Law
R.S. 42:1113A
R.S. 42:1123(30)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohbit Mervin Allen, Jr., an alderman for the Town of White Castle, from donating his salary to the Town of White Castle.
Ethics Subject Matters
Donations
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STATE OF LOUISIANA <br /> OV Lppfp <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> Few°', 14lr,' LOUISIANA BOARD OF ETHICS <br /> v. ti P.O. BOX 4368 <br /> * g V * BATON ROUGE, LA 70821 <br /> c0;;;D'o'�c (225)219-5600 <br /> «o»- FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> May 11, 2021 <br /> Tanika L. Starks <br /> 2900 Westfork Dr. <br /> Suite 401 <br /> Baton Rouge, Louisiana 70826 <br /> Re: Ethics Board Docket No. 2021-203 <br /> Dear Ms. Starks: <br /> The Louisiana Board of Ethics,at its May 7,2021 meeting,considered your request for an advisory <br /> opinion on behalf of Mervin Allen,Jr.,an alderman for the Town of White Castle,as to whether an <br /> alderperson's donation of their salary to the city for the establishment of a utility subsidy would be <br /> a violation of the Louisiana Code of Governmental Ethics. <br /> FACTS PROVIDED <br /> Mervin Allen, Jr. is an alderperson for the Town of White Castle. Mr. Allen would like to donate <br /> a portion of his salary to to the city in order to establish a utility subsidy for the benefit of town's <br /> citizens. Specifically, he intends that his donation fund utility vouchers for a certain number of <br /> citizens each month. <br /> LAWS <br /> La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate <br /> family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract, <br /> subcontract or other transaction that is under the supervision or jurisdiction of the agency of such <br /> public servant. <br /> La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling <br /> interest, or a member of his immediate family may donate services, movable property, or funds to <br /> his agency. <br /> ANALYSIS <br /> Generally,the exception found in La.R.S.42:1123(30)permits a public servant to donate his or her <br /> salary. <br /> CONCLUSION <br /> While the Board expresses no opinion as to how the town may use any funds donated by Mr.Allen, <br /> the Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit Mr. Allen from making a donation of his salary to the Town of White Castle. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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