May 15, 2006
Mr. Thomas D. Kates
1012 Populas Street
Bogalusa, Louisiana 70427
Re: Ethics Board Docket No. 2006-334
Dear Mr. Kates:
The Louisiana Board of Ethics, at its May 11, 2006 meeting, considered your request for an advisory opinion as to whether you were required to file a disclosure statement pursuant to Section 1114.3 of the Code of Governmental Ethics. You stated that you are a Bogalusa City Councilman. You stated that you went to work with Horizon Environmental Group, Inc. In the position of Quality Assurance Inspector as an independent contractor. Horizon assigned you to a debris removal group where you were supervised by a Job Supervisor and Group Supervisor. You stated that you worked for Horizon Environmental Group from October 5, 2005 until November 17, 2005. You were paid $13,560.00.
The Board concluded, and instructed me to inform you, that you were required to file a disclosure statement pursuant to Section 1114.3 of the Code of Governmental Ethics. Section 1114.3 of the Code requires an elected state official to file a disclosure statement if he derives a thing of economic value from a contract or subcontract which is related to a gubernatorially-declared disaster or emergency and which the official knows or reasonably should know is or may be reimbursed or funded in whole or in part with federal funds. Since you only worked for Horizon Environmental Group for a short period of time directly following Hurricane Katrina and the services you actually performed were hurricane debris removal, your employment as an independent contractor with Horizon Environmental Group was directly related to a gubernatorially declared disaster or emergency and reimbursed by a federal funds, thus triggering the disclosure requirements in Section 1114.3 of the Code.
The Board issues no opinion as to laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or (225) 763-8777.
LOUISIANA BOARD OF ETHICS
Tracy M. Walker
For the Board