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Last modified
4/1/2024 8:38:13 AM
Creation date
3/7/2022 11:30:07 AM
Metadata
2022-011
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-011
Requesting Party
Bryan Burns
Decision Date
3/4/2022
Law
42:1115
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit members of the Covington Board of Adjustment from receiving a free quarterly newsletter from West 30's Redemption Company.
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La.R.S.42:1102(18)(a)defines,in pertinent part,"public employee"to mean any person,whether <br /> compensated or not, who is: <br /> (ii)Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the <br /> governmental entity or an agency thereof, either as a member of an agency, or as <br /> an employee thereof. <br /> La. R.S. 42:1102(22)(a) defines "thing of economic value" as money or any other thing having <br /> economic value. <br /> ANALYSIS <br /> Since the five members of the Covington Board of Adjustment are appointed to serve the City of <br /> Covington Planning and Zoning Department they are public employees as defined in Section <br /> I IO2(18)(a) of the Code. Section 1115 of the Code does not prohibit the e-mailing of a free <br /> newsletter to the members of the Covington Board of Adjustment. Section 1115 of the Code only <br /> prohibits public employees from accepting items with an economic value. The free newsletter has <br /> no economic value as defined in Section 1102(22) of the Code. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would not prohibit West 30's Redemption Company from continuing to e-mail members of the <br /> Covington Board of Adjustment its free quarterly newsletter. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have <br /> any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Suzanne Quinlan Mooney <br /> For the Board <br /> Page 2 of 2 (BD 2022-011) <br />
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