July 22, 2011
Mr. Thomas Hayes
2125 Smith Road
Elm Grove, LA 71051
RE: Ethics Docket No. 2011-982
The Louisiana Board of Ethics at its July 15, 2011 meeting, considered a request for an advisory opinion concerning whether you may serve as a Bossier Parish Councilman while you are employed with the Bossier Parish EMS. You stated that you are employed with the Bossier Parish EMS as a line crew member and as an EMT-Intermediate on the ambulance. You do not serve in an administrative capacity of the Bossier Parish EMS. The Bossier Parish EMS is a government entity, separate from, but under the supervision of the Bossier Parish Police Jury.
The Board concluded and instructed me to inform you that the Louisiana Code of Governmental Ethics does not prohibit you from serving as a Bossier Parish councilman while employed by the Bossier Parish EMS. Section 1113 of the Code prohibits a public servant from entering into a transaction that is under the supervision of the agency of the public servant. Section 1112 of the Code prohibits a public servant from participating in a transaction with his governmental entity in which a person in which he is employed has a substantial economic interest. As an EMT, Mr. Hayes does not serve in an administrative capacity with the Bossier Parish EMS. As such, it does not appear that Mr. Hayes will enter into any transactions with the Police Jury. Thus, there is no violation of Section 1113 of the Code if Mr. Hayes is elected as a member of the Police Jury while he is employed with the Bossier Parish EMS. Additionally, the Code prohibits Mr. Hayes from participating in transactions with his governmental entity in which a person in which he is employed has a substantial economic interest. The Bossier Parish EMS is not defined as a person and thus, there is no violation of the Code if Mr. Hayes, as a member of the Council participates and votes on matters regarding the Bossier Parish EMS.
This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to past conduct or laws other than the Code of
Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.
LOUISIANA BOARD OF ETHICS
Aneatra P. Boykin
For the Board