2021-178 - Laserfiche WebLink

know that such person has or is seeking to have a contractual, business, or financial relationship with the public servant's agency. La. R.S. 42:1115(A)(2) prohibits a public servant from soliciting or accepting, directly or indirectly,any thing of economic value as a gift or gratuity from 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 is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency. La. R.S.42:1115(B)(1) prohibits a public employee from soliciting or accepting, directly or indirectly,any thing of economic value as a gift or gratuity from 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 conducts operations or activities that are regulated by the public employees'agency. La. R.S.42:1115(B)(2) prohibits a public employee from soliciting or accepting, directly or indirectly,any thing of economic value as a gift or gratuity from 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 a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty. CONCLUSION The Board concluded,and instructed me to inform you,that based on the facts presented,the Code dictates the following answers to your questions: 1. May a certified building official/inspector, who is employed by Orleans Parish,Jefferson Parish,or any other parish/municipality perform actual, bona fide, private inspection work for IECI and be compensated for the work, if the work is performed outside of the jurisdiction of the parish/municipality for which the certified building official/inspector is employed? Yes. La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of economic value from a nonpublic source for any service that is"devoted substantially to the responsibilities,programs,or operations of the agency of the public servant and in which the public servant has participated." Thus,the Code would prohibit a certified building official/inspector from providing private inspection services within the parish/municipality for which the certified building official/inspector is employed. However, the Code does not prohibit a certified building official/inspector from providing private inspection services on buildings outside of the jurisdiction of the parish/municipality for which the certified building official/inspector is employed, provided that IECI is not a prohibited source, in accordance with La. R.S. 42:1111(C)(2)(d), and that the provision of private inspection services does not Page 3 of 4 Docket No.2021-178