Category:   

Ethics

Can a public body provide the “use of buildings or certain portions of buildings” without a CEA?
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Most of an auditee's employees did not take the required 1 hour of ethics training for 2014. These employees subsequently received a letter from the Board of Ethics stating they had to complete the one hour training accompanied by a log in and password. These employees of the auditee have done so, but the certificate they receive upon completion states they have met the requirements for 2015. Does their completion of this course cover them for 2014 and 2015? The auditee also has three employees through the Work Release Program with the Department of Corrections in 2015. Are these three individuals required to take the 1 hour ethics course?
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The Parish would like to appoint an individual to a Water District Board. However, their spouse works for the water board (paid through the Parish but the funds come from the Water District’s millage). The spouse has had this job for many years. In the alternative, the Parish would like to appoint the individual to a Drainage District Board. However, the individual's spouse is currently directly contracted to perform work for the Drainage District. The work is contract work on an as needed basis, but the spouse has done this type of contract work for the Drainage Board over the course of several years. Would appointing the individual to either of these 2 boards be an ethics violation?
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Would it be a violation of the Code of Governmental Ethics for schools to purchase trophies using school activities funds from a store owned by the brother of a member of the school board?
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A client’s former Board Member (charter school) was assessed a fine for late filing of required info by the Ethics Board. The client admits that they were at fault for the untimely submission and would like to pay the fine for the former Board Member. Can they pay this fine from public funds or non-public funds?
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Are there any issues with the mayor appointing the Town Clerk to serve on a municipally created board or commission in their individual capacity? The board position is a part-time position but receives compensation. The Town Clerk issues all payroll checks for the municipality, including payments made to municipal board and commission members.
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A Fire Protection District wants to know if it can provide emergency pay to immediate family members of the fire chief who would volunteer to provide assistance during declared emergencies. Such pay may be reimbursable by the Federal Government. Isn’t this a potential ethics issue?
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The Parish is taking back control of the landfill, which is currently under the operations of a private company. A father and son both currently work at the landfill, but there is no direct supervisory position over each other. On January 1, 2020, when the Parish is in control, will the Parish have to fire the father or the son in order to be in compliance with the Code of Ethics nepotism rules?
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Can a school employee, who is the color guard team sponsor, accept six (6) free VIP tickets to a concert that was awarded to the team for their performance at a competition? The color guard has more than 6 team members and the parents think the tickets should be sold and the money used for something to benefit the entire team. The team sponsor appears to believe the tickets were awarded to her for her use, not to the team.
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Can a fire chief make a monetary donation to the fire department and specify what the funds may be used for? The intent is to use the money for repairs and maintenance to fire trucks?
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Q1. Can a board members son-in-law or daughter serve on the same board? What is the distance that a relative has to be in order to serve with them on the same board? Q2. How long must a police juror wait from terminating their position on the police jury before they can be appointed by the police jury to the board of a special district?
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The District just hired a new fireman. Usually, when a new hire is made, the District purchases and outfits him with all the safety equipment (coat, boots, etc). This new fireman already purchased all of his equipment when he was in the training program at LSU. This equipment is personal to him. Rather than buy him all new equipment, can the District purchase his equipment (making it District property) and re-issue it to him? If he leaves employment the equipment would stay with the District.
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The Fire District has a 501(c)(3) fund that is used to pay for activities for which public funds cannot be used, such as flowers for sick members/funerals for deaths in the family, social events, etc. Can the funds in this 501(c)(3) account be used to help pay for legal defense of a fireman before the Ethics Board?
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The Secretary/Treasurer of the Board of Directors for the Fire Protection District is also a member of the Board. The Board of Directors is in charge of department finances and budget. The Secretary/Treasurer is a position that is appointed by the Board and is a paid position. Can this Board Member be on the Board and be compensated as the Secretary/ Treasurer?
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Do the commissioners have to attend ethics training and what are the requirements?
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Q.1.Can a member of the Planning and Zoning Committee Board do business with the Board? Q.2. Can a town pay the clerk $200 more in salary because she is now sitting on an advisory board, which is taking more of her time?
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Are there any issues with an elected sheriff being compensated for appearing in a reality television program? Are there any issues with regard to off-duty deputies appearing in and being compensated for appearing in the program?
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Is there any liability on the School Board for a potential violation of the Ethics Code by an employee? It appears an employee has accepted a gift card from a vendor to direct School Board orders for office supplies to that vendor. The Board has canceled the contract but wants some clarification as to any exposure for the Board.
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Can the Assessor privately purchase a vehicle the office has been leasing when they have left office?
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Can a relative of the Board be hired to mow the VFD’s grass?
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Can a municipality allow a department head to utilize the local civic center free of charge for his daughter’s wedding?
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Can citizens, with a financial background, volunteer to assist a municipality with bank reconciliations and other procedures?
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Would it be a problem if the paid head of the 911 system in the Sheriff's office also worked as the paid head of homeland security in the Sheriff's office? Likely the employee would be working both jobs during normal work hours.
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Are Charter School Employees subject to the Code of Governmental Ethics?
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Are there any exceptions/exemptions from the required annual Ethics Training for public employees and officials that will only serve part of the calendar year due to planned retirement or term of office?
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Is there a two year prohibition on hiring back retirees?
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Is it mandatory for the city judges to have the 1 hour Ethics training?
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Can a Hospital Service District transfer unneeded wigs it received as part of a donation for cancer patient programs to another area hospital service district for their program which supplies wigs for cancer patients who cannot afford to purchase their own?
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When did the payroll padding statute apply? R.S. 14:139
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What are the rules for public employees engaging in political activities? There is a person in the parish who works for the Registrar of Voters as one of the deputies & she is actively campaigning for a candidate in the upcoming elections by speaking at events, appearing in a commercial, etc.
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VFD has a firefighter who owns a company that repairs vehicles for the VFD at $33,000 per year. What statutes apply?
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Q.1. Does the Code of Governmental Ethics, including prohibitions on nepotism, apply to a charter school? Q.2. Are there any prohibitions within the Code of Governmental Ethics relating to situations where immediate family members of public employees are hired as 1099 independent contractors?
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School Principal wants to purchase a camera from an employee’s spouse for use by the school’s teachers and students. What procurement rules would apply? Would this violate Ethics?
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Are Councils on Aging subject to the ethics training requirement? They are nonprofit entities that file Form 990 with the IRS, but they are "governed" by the Office of Elderly Affairs.
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Can an elected council member (paid a salary by the Parish Government) use a building owned by the Government for a community program at no cost when current policy does not provide for uncompensated use, or is this considered a prohibited donation? If it is allowable, does a cooperative agreement have to be signed and also does there need to be documentation proving that the program provided a benefit to only residents of that Parish?
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Does the Dual Employment Law allow for a Member of a Fire Protection District Board to also provide volunteer fire services?
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Where can I find out if I am required to file a Tier 2.1 Annual Financial Disclosure due to my position on a board or commission?
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What statute provides that Charter Schools are subject to the Code of Governmental Ethics?
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Is there a particular format/version of the Open Meetings Law that should be posted in accordance with R.S. 42:12(B)?
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Can a special district hire a worker’s spouse to do lawn service the district?
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Is a contract for grass cutting on the grounds for the different fire departments one for professional services and may it be performed by one of the volunteer firemen?
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The library donated surplus property (furniture and computers) through a Cooperative endeavor Agreement (CEA) to a non-profit. An officer of the board of the non-profit is also a board control member for the library. The assistant library director confirmed the shared board member. Is this a related party transaction or an ethics violation?
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A BESE authorized charter school has desks that were purchased with public funds (State and Federal) that are no longer needed. Can the Academy sell those desks to the public?
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What political activities can state employees engage in?
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Can the hospital sponsor a radio show?
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May the secretary of the mayor of a Village purchase a surplus vehicle that has failed to be sold through bid process and that along with other vehicles is being sold to the general public?
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Can a board member call other members before a meeting to poll them and otherwise convince them to agree with their position on an agenda item?
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What law prohibits a governmental entity from fundraising? The mayor of a local village who would like to have a fair with local businesses donating the meat for bbq/other food items as well as a raffle. Funds would be raised through the sale of the food and sale of the raffle tickets.
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May a municipality pass a local ordinance adopting the state ethics policy in order to satisfy the need for a municipal ethics policy ordinance?
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Can employees in the sheriff's department bid on an item confiscated by the sheriff's department?
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Is a police juror prohibited from being employed by the parish governing authority to which they have been elected to serve?
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Is it required for the village to send the annual certificates for Ethics Training to the LLA?
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Can a retired city superintendent provide contract services through their personal business to the City after having leaving office only 5 months ago?
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Is the Mayor allowed to use a public vehicle and a public employee to move furniture from a private residence?
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Are individuals who work for a commission created by the Police Jury required to have an hour of ethics training each year?
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Where can our staff go to obtain their one hour of annual ethics training?
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Is there any issue with the Code of Governmental Ethics for reappointing an individual to the fire district’s board when another board member has recently become their son-in-law?
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I know this is a possible ethics issue but wanted to run it by you first. I am auditing a Village where the Mayor resigned during the year under audit and a new Mayor was appointed. It turns out that the Village is renting a storage facility (250/month) from the current mayor’s grandfather. This arrangement existed long before the new mayor took office. Do you think this is an ethics issue, given the circumstances?
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May a non-profit organization provide a meal for first responders and provide a drawing for cash and prizes during the meal?
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Is the Grandson of the Mayor prohibited by the Code of Governmental Ethics from serving as a Department Head of the City?
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The Board of a District wants to hire the wife of the head of maintenance as the finance director. Organizationally they would be in two separate departments and neither would have supervisory authority over the other. Is this allowable under Ethics rules?
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Is a nephew considered immediate family in regard to the nepotism restrictions under the Code of Governmental Ethics?
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Is there an Ethics issue where a councilman owns a pizza place and contracts with police jury to sell pizzas to public entities or at public events?
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A museum gets the majority of its funding from the City through a millage but is owned/operated by a nonprofit. The Executive Director of the nonprofit wants to hire his daughter for a position at the museum. Is the nonprofit subject to the Ethics law and its rules against nepotism?
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Public Entity has several TV carts that are no longer used and do not have a lot of value. Several employees have mentioned that they would want to buy these carts if they were available. What is the procedure for selling these carts?
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