2021-072 - Laserfiche WebLink

LAWS La.R.S.42:1113A states no public servant,or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant. La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent,shall receive any thing of economic value for or in consideration of services rendered,or to be rendered,to or for any person during his public service unless such services are: (d)Neither performed for nor compensated by 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 has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency;conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1116 provides that no public servant shall use the authority of his office or position, directly or indirectly,in a manner intended to compel or coerce any person or other public servant to provide himself, or other person with anything of economic value. La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan,transfer, or deliver, directly or indirectly,to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part. ANALYSIS AND CONCLUSION Question 1: While Section 1113A is not implicated because Mr. Rolling does not have an ownership interest in ASP, Section 1111 C(2)(d) would prohibit Mr. Rolling from receiving compensation from ASP while ASP has or is seeking to obtain contractual, business or financial relationships with the City. Further,any payments made to Mr. Rolling which are in violation of Section 1111 C(2)(d)would also represent a violation of Section 1117 by ASP. The Board concluded, and instructed me to inform you,that ASP is prohibited from selling products to the City while Mr. Rolling serves on the City Council and receives compensation from ASP. Question 2: To the extent that the license of the logo by the City to ASP represents a transaction between the City and ASP,the analysis under Question 1 applies.Any compensation paid to Mr. Rolling would be a violation of Section 1111C(2)(d) and Section 1117, as the license of the logo represents a business relationship between ASP and the City.