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Entry Properties
Last modified
4/1/2024 8:36:23 AM
Creation date
7/12/2021 11:30:09 AM
Metadata
2021-178
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-178
Requesting Party
J. Marvin Montgomery
Decision Date
7/9/2021
Law
RS 42:1111C(1)(a)
RS 42:1111C(2)(d)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit a certified building inspector employed by Orleans Parish from providing services to IECI for work performed outside of the jurisdiction of the parish/municipality for which the building official/inspector is employed.
Ethics Subject Matters
Prohibited Assistance
Prohibited Contracts
Prohibited Sources
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IECI does not have any type of contractual, business, or financial arrangements with either <br /> Orleans Parish or Jefferson Parish and is not seeking such an arrangement.IECI does not seek, <br /> for compensation,to influence the passage or defeat of legislation by either parish.IECI is not <br /> regulated by either parish.The only connection that IECI has with Orleans Parish or Jefferson <br /> Parish is the filing of IECI's inspection reports with the proper parish agency. IECI does not <br /> have any substantial economic interests,which may be substantially affected by the certified <br /> building official/inspector's performance or nonperformance of his official duties with the <br /> parish for which the certified building official/inspector is employed. <br /> You have asked the following questions: <br /> 1. May a certified building official/inspector, who is employed by Orleans <br /> Parish, Jefferson Parish, or any other parish/municipality, perform actual, <br /> bona fide,private inspection work for IECI and be compensated for the work, <br /> if the work is performed outside of the jurisdiction of the parish/municipality <br /> for which the certified building official/inspector is employed? <br /> 2. May a certified building official/inspector who is an agency head and <br /> employed by Orleans Parish, Jefferson Parish, or any other <br /> parish/municipality perform actual, bona fide, private inspection work for <br /> IECI and be compensated for the work,if the work is performed outside of the <br /> jurisdiction of the parish/municipality for which the certified building <br /> official/inspector is employed? <br /> LAw <br /> La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of economic <br /> value for any service, the subject matter of which is devoted substantially to the <br /> responsibilities,programs,or operations of the agency of the public servant and in which the <br /> public servant has participated. <br /> La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the <br /> public servant exercises control or owns an interest in excess of twenty-five percent, shall <br /> receive any thing of economic value for or in consideration of services rendered, or to be <br /> rendered,to or for any person during his public service unless such services are: (d) Neither <br /> performed for nor compensated by any person or from any officer, director, agent, or <br /> employee of such person,if such public servant knows or reasonably should know that such <br /> person has or is seeking to obtain contractual or other business or financial relationships with <br /> the public servant's agency; conducts operations or activities which are regulated by the <br /> public employee's agency; or has substantial economic interests which may be substantially <br /> affected by the performance or nonperformance of the public employee's official duty. <br /> La. R.S. 42:1115(A)(1) prohibits a public servant from soliciting or accepting, directly or <br /> indirectly,any thing of economic value as a gift or gratuity from any person or from any officer, <br /> director,agent,or employee of such person,if such public servant knows or reasonably should <br /> Page 2 of 4 <br /> Docket No.2021-178 <br />
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