1997-106
Created By: Tobie Ronkartz on 12/14/1998 at 09:52 AM
Category: Ethics Rulings
Caption:


LOUISIANA BOARD OF ETHICS


DATE: November 12, 1998 OPINION NO.: 97-106

RE: In the matter of Bill Sirmon.


The Louisiana Board of Ethics (the “Board”), pursuant to the provisions of Section 1141 of the Code of Governmental Ethics (the “Code”), conducted an investigation into information received which indicated that a violation of Section 1111C(2)(d) of the Code may have occurred by Bill Sirmon, a member of the St. Charles Parish Council, receiving commissions for sales of products from Quality Wholesale & Supply, Inc., as well as its division, Quality Janitorial Services, at a time when the companies sold goods and provided services to the St. Charles Parish Government.
On the basis of the information obtained during the course of the investigation and with the consent of Bill Sirmon, the Board now makes the following essential:
I.
FINDINGS OF FACT
1.
Since the summer of 1994, Bill Sirmon has been employed as a salesman for Quality Wholesale & Supply, Inc., which is a corporation that provides janitorial supplies and services to refineries, industrial clients and other businesses throughout the state.
2.
Bill Sirmon works on a commission only basis for Quality Wholesale & Supply, Inc., a corporation in which Mr. Sirmon has no ownership interest. His affiliation with Quality Wholesale & Supply, Inc. is governed by a uniform standard of personnel administration.
3.
Bill Sirmon took office as a St. Charles Parish Councilman on January 1, 1996.
4.
At all pertinent times to this opinion, Quality Wholesale & Supply, Inc. and its division, Quality Janitorial Services, each had a purchasing account with the St. Charles Parish Government. Quality Wholesale & Supply, Inc. sells bulk cleaning materials to the St. Charles Parish Government and Quality Janitorial Services provides cleaning services to the St. Charles Parish Government and sells cleaning materials needed for those services.
5.
Bill Sirmon did not receive commissions from Quality Wholesale & Supply, Inc. on any sales to the St. Charles Parish Government.
6.
On October 9, 1998, Bill Sirmon terminated his employment with Quality Wholesale & Supply, Inc.
II.
APPLICABLE LAW
Section 1111C(2)(d) of the Code prohibits a public servant from performing compensated services for any person who has a contractual, business or financial relationship with his agency. This Section provides in pertinent part:
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Section 1115A of the Code prohibits a public servant from accepting any thing of economic value from any person that has a business or financial relationship with the public servant’s agency. This Section provides in pertinent part:
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The following terms are defined in Section 1102 of the Code and are relevant when analyzing the above Sections:
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III.
OPINION


It is the opinion of the Board that Bill Sirmon’s continued employment with Quality Wholesale and Supply, Inc. is proscribed by Section 1111C(2)(d) of the Code: Mr. Sirmon is prohibited from rendering compensated services to Quality Wholesale and Supply, Inc., at a time when Quality Wholesale and Supply, Inc., and its division Quality Janitorial Services, have business relationships with the St. Charles Parish Government and while Bill Sirmon serves as a Councilman for St. Charles Parish. In this particular situation, given the facts outlined above, along with the fact that Bill Sirmon fully cooperated with the investigation, that there was no financial or other loss to the governmental entity, and no financial or other gain to Mr. Sirmon derived from Quality Wholesale and Supply’s sales to St. Charles Parish, and that Mr. Sirmon voluntarily terminated his employment with Quality Wholesale and Supply, Inc., it is the conclusion of the Board that this matter be closed upon publication of this opinion.
IV.
DECREE AND ORDER
IT IS DECREED that Bill Sirmon’s continued employment with Quality Wholesale and Supply, Inc. is proscribed by Section 1111C(2)(d) of the Code as Mr. Sirmon is prohibited from rendering compensated services to Quality Wholesale and Supply, Inc., at a time when Quality Wholesale and Supply, Inc., and its division Quality Janitorial Services, have business relationships with the St. Charles Parish Government and while Bill Sirmon serves as a Councilman for St. Charles Parish.
IT IS ORDERED that this matter be closed with the publication of this opinion.
BY ORDER OF THE BOARD, this 12th day of November , 1998.

s/ Robert L. Roland s/Harry Blumenthal, Jr.
Robert L. Roland, Chairman Harry Blumenthal, Jr., Vice Chairman

s/Robert P. Bareikis s/Virgil Orr
Dr. Robert P. Bareikis Dr. Virgil Orr



s/E.L. Guidry, Jr. s/T.O. Perry, Jr.
Judge E. L. Guidry, Jr. T. O. Perry, Jr.



s/Revius O. Ortique, Jr. s/Ronald L. Sawyer
Justice Revius O. Ortique, Jr. Ronald L. Sawyer



Absent and did not participate. s/Edwin O. Ware
Nathan J. Thornton, Jr. Edwin O. Ware



s/Carole Cotton Winn
Rev. Carole Cotton Winn



CONSENT
The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in Section 1141 of the Code; (c) consents to the publication of this opinion; (d) agrees to comply with the conditions and orders set forth in this opinion; and, (e) agrees not to seek judicial review of the findings and actions taken in this opinion.


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