2010-830
Created By: Tracy Kristen Meyer on 08/23/2010 at 02:04 PM
Category: Ethics Advisory Opinions, Miscellaneous
Caption:

August 23, 2010

Ms. Renee P. Bourg
Operational Supervisor
Terrebonne Parish Recreation District No. 11
Post Office Box 4294
Houma, Louisiana 70361

Re: Ethics Board Docket No. 2010-830

Dear Ms. Bourg:

The Louisiana Board of Ethics, at its August 20, 2010 meeting, considered your request for an advisory opinion as to several issues regarding the Code of Governmental Ethics involving employees of the Terrebonne Parish Recreation District No. 11 (the “District”).

Your first question presented is whether the ex-spouse of an employee of the District may bid on, and be awarded, a construction job? The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not prohibit the ex-spouse of an employee from bidding on or entering into a construction contract with the District. Section 1113A of the Code prohibits a public servant, a member of his immediate family, and a legal entity in which either owns a controlling interest from bidding on or entering in into a contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency. The definition of “immediate family” in the Code of Ethics does not include a public servant’s ex-spouse. R.S. 42:1102(13).

You second question presented is whether an employee of the District may obtain the work permit being performed by an ex-spouse using the funds of ex-spouse not the employee or the District? The Board concluded, and instructed me to inform you, that it declined to render an opinion as to this issue as additional information is needed.

Your third question presented is whether a salaried employee may receive payment by another organization to supervise a facility of the District? The Board concluded, and instructed me to inform you that, the Code of Ethics would prohibit an employee of the District from providing compensated services to a person to supervise a facility of the District. Section 1111A(1) of the Code prohibits a public servant from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position. In addition, Section 1111C(2)(d) of the Code prohibits a public servant from providing compensated services to a person that has or is seeking a contractual, financial, or Ms. Renee P. Bourg
August 23, 2010
Ethics Board Docket No. 2010-830
Page 2

other business relationship with the public servant's agency. Therefore, since the organization has a relationship with the District to manage its facilities, an employee is prohibited from receiving compensation for the provision of services to that organization.

Your fourth question presented is whether an employee may work directly for another organization [and] get paid for performing work (i.e. umpiring, score keeping, selling concessions, etc.) on District property? The Board concluded, and instructed me to inform you, that it declined to render an opinion as to this issue as additional information is needed.
Your fifth question presented is whether there is a maximum number of hours that the District can make a salaried employee work? The Board concluded and instructed me to inform you, that it declined to render an opinion as this does not fall under the jurisdiction of the Board of Ethics.

Your sixth and final question presented is whether the District can use funds to build a restroom for employees only? You stated that this restroom would be part of a concession stand where there are products and money. The Board concluded, and instructed me to inform you, that it declined to render an opinion as this does not fall under the jurisdiction of the Board of Ethics.

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 as to laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600.

Sincerely,

LOUISIANA BOARD OF ETHICS



______________________________
Tracy M. Barker
For the Board

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