§ 23-132. Specific prohibitions.

(a)

Prohibitions:

(1)

Receiving of compensation and finder's fee. No elected official shall receive anything of economic value, other than that to which he is duly entitled from the parish for the performance of any activity within the scope of his official responsibilities. The receiving by any elected official of anything of economic value from a person to whom the official has directed business of the parish shall be a violation of this section.

(2)

Receiving of compensation for services rendered. No elected official shall receive anything of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs or operations of the official's department or agency, or draws substantially upon official data or ideas which have not become part of the body of public information.

(3)

Participation in transaction involving the parish:

a.

No elected official, except as provided in subsection (b) of this section, shall participate in any transaction involving the parish in which he has a personal substantial economic interest of which he may reasonably be expected to know.

b.

No elected official, except as provided in subsection (b) of this section, shall participate in any transaction involving the parish in which, to his actual knowledge, any of the following persons have a substantial economic interest:

1.

His spouse or child;

2.

His mother or father or the mother or father of his spouse;

3.

Any person in which he has an economic interest of which he may reasonably be expected to know;

4.

Any person of which he is an officer, director, trustee, partner or employee;

5.

Any person with whom he is negotiating or has an arrangement concerning prospective employment; or

6.

Any person who is a party to an existing contract with such official or an obligee of such official as to a thing of economic value and who, by reason thereof, is in a position to directly affect such official's economic interests.

(4)

Rendering of assistance to certain persons for compensation:

a.

No elected official shall receive or agree to receive compensation for services rendered or to be rendered for assisting a person in any transaction with the parish or its officials or departments or agencies, if the parish is represented in such transaction by the parish president or by an official appointed by the parish president or the parish council, or by an agency, the membership of which is appointed by the parish president or the parish council, unless he shall file a sworn written statement with the board prior to or at the time of his assistance.

b.

The contents of the sworn written statement required by this subsection shall be prescribed by the board and such statement shall be a public record.

c.

The board shall review all sworn statements filed in accordance with this subsection. If the board determines any such sworn statement is deficient or may involve a possible violation of this division, it shall, within ten (10) days of the receipt of such statement, notify the elected official filing the statement of its findings. Such notification shall be deemed confidential and privileged and they shall only be made public in connection with a public hearing by the board for an alleged violation of this division where such would be relevant to the charges made and for which the elected official is being tried.

(b)

Recusal of certain elected officials from voting. If any elected official, in the discharge of an official duty of a legislative nature, would be required to vote on a matter which vote would be a violation of this division, he shall recuse himself from voting, or if he does not recuse himself, he shall prepare a sworn statement describing the matter in question, the nature of the potential conflict, and the reasons why, despite the conflict, the member is able to cast a vote that is fair, objective and in the public interest. The member shall deliver this statement to the chairman of the parish council, or the vice-chairman, in his absence, who shall cause the statement to be recorded in the official journal or minutes of the parish-council prior to a vote being taken on the matter in potential conflict. If there is insufficient time for the member to prepare such a statement, the conditions of this subsection may be met by the member reading the required information into such minutes immediately prior to the vote.

(c)

Exemptions. This section shall not preclude:

(1)

Receipt of bona fide reimbursement, to the extent permitted by law, for actual expenses for travel and such other necessary subsistence as is compatible with this part and for which no public payment or reimbursement is made;

(2)

Participation in the affairs of charitable, religious, nonprofit, educational public service or civic organizations, the activities of political parties not prescribed by law;

(3)

Awards for meritorious public contribution given by public service organizations;

(4)

Sharing in any compensation received from the governmental entity by a person of which such elected officials owns or controls any portion thereof, provided such compensation was received by such person as a result of having made the lowest sealed competitive bid on a public contract or subcontract and having had such bid accepted by the parish or the general contractor, and provided such elected official did not assist in the procurement of the acceptance of such low bid;

(5)

Campaign contributions for use in meeting campaign expenses by an elected official who is or becomes a candidate for election to the same or another public office.

(Code 1961, § 13-53; Ord. No. 17840, § 2, 10-25-89; Ord. No. 18702, § 1, 3-10-93)