DIVISION 3


CODE OF ETHICS


SEC.

2-050.00 Code Of Ethics For The Government Of St. Tammany Parish



EDITORIAL NOTE: Ord. No. 90-1257 states in part that "it is the desire of this governing body to establish a more stringent code of ethics for the St. Tammany Parish Police Jury than is currently provided by Louisiana Revised Statutes Title 42, Chapter 15 and referenced in the Code of Ordinances" and further said ordinance states that "this ordinance shall become effective and be deemed enacted immediately upon publication".

    The Code of Ethics which shall bind and apply to all Officers, Officials and Employees of St. Tammany Parish, Louisiana, whether appointed or elected, paid or unpaid, except the Judicial Department, shall be the Code of Ethics of the State of Louisiana as is contained in Louisiana Revised Statutes Title 42, Chapter 15, as amended.

    In addition to the State Code of Ethics referenced hereinabove, the following provisions shall apply to all officers, officials and employees of St. Tammany Parish, Louisiana, whether appointed or elected, paid or unpaid, except the Judicial Department. (Ord. No. 81-196, adopted 05/21/81; Amended by Ord. No. 90-1257, adopted 04/19/90)

ADDITIONAL EDITORIAL NOTE: Sections 2-050.0 through 2-050.1 entitled "Board of Ethics", as created by Ordinance No. 81-196, adopted 05/21/81, are hereby repealed by Ord. No. 89-1035, adopted 01/19/89.

SEC.

2-050.01 Selection Of Persons For Professional Services



    A)    Each person who is to be retained or employed to perform professional services for St. Tammany Parish or any of its departments, districts, boards or commissions shall be selected by the St. Tammany Parish Police Jury from the list of those persons submitting statements of qualification and/or proposals.
    
    B)    Any person submitting a statement of qualification and/or proposal shall submit to the St. Tammany Parish Police Jury data concerning his experience, previous projects undertaken, present projects now being performed by him, scope and amount of work on hand, the names of key personnel who will be assigned to the project, and any other information that may be appropriate in selecting the person for the particular project under consideration. The Police Jury by resolution, may develop standard questionnaire forms to be used for submitting such data and may from time to time amend such form(s) by resolution to require additional information. The St. Tammany Parish Police Jury shall not consider any person who does not submit a completed questionnaire form(s).

    C)    Any person submitting a statement of qualification and/or proposal shall also execute and submit an affidavit attesting:

        1)    That affiant has not and will not employ any person, corporation, firm, association, or other organization, either directly or indirectly, to secure the public contract under which he is to receive payment, other than

persons regularly employed by the affiant whose services in connec tion with the project or in securing the public contract are in the regular course of their duties for affiant;

        2)    That no part of the contract price was paid or will be paid to any person, corporation, firm, association, or other organization for soliciting the contract, other than the payment of their normal compensation to persons regularly employed by the affiant whose services with the project are in the regular course of their duties for affiant; and

        3)    That the affiant shall state any and all campaign contributions he has made to elected officials of the St. Tammany Parish Police Jury during the current term, and that he has not made any contributions to or in support of elected officials of the St. Tammany Parish Police Jury through or in the name of another person either directly or indirectly.

    D)    The St. Tammany Parish Police Jury shall not consider any person who does not have the appropriate professional license and/or occupational license as required by law; nor shall the St. Tammany Parish Police Jury consider any person who does not submit the questionnaire and affidavit required by this Section or who submits an incomplete questionnaire or affidavit. Any false or misleading information on any questionnaire or affidavit shall be a basis for voiding the contract and prohibiting the affiant from being considered on any future project for a period of 24 months.

    E)    The following guides, among other factors that the St. Tammany Police Jury deems appropriate, shall be used by the Police Jury in selecting persons for professional services:

        1)    Professional training and experience, both generally and in relation to the type and magnitude of work required for the particular project;

        2)    Capacity for timely completion of the work, taking into consideration the person's current and projected workload and professional and support manpower;

        3)    Past and current professional accomplishments, for which opinions of clients or former clients and information gathered by inspection of current or recent projects may be considered;

        4)    The nature, quantity and value of Parish work previously performed and presently being performed by the person, it being generally desirable to allocate such work among persons who are desirous and qualified to perform such work;

        5)    Past performance by the person on public contracts, including any problems with time delays, cost overruns, and design inadequacies for which said person was held to be at fault, involved in prior projects as evidenced by documentation provided by the Administration; and


    
        6)    An analysis of whether problems as indicated in paragraph (5) herein resulted in litigation between the public entity and the person performing professional services, particularly if he is currently involved in unsettled litigation with a public entity or has been involved in litigation with a public entity where the public entity prevailed.

    F)    The St. Tammany Parish Police Jury may, for each individual job or project, establish those qualifications and guidelines which it deems necessary to select the person to be retained or employed for such job or project.

    G)    As used in this Section (definitions):

        1)    "Campaign Contribution" is a gift, conveyance, payment, deposit of money, and/or anything of economic value (including, but not limited to, tickets for fund raiser events) which was, is and shall be paid, loaned, granted, given, donated, transferred, and/or is the forgiveness of a loan or a debt by any person for the purpose of supporting, opposing, or otherwise influencing, directly or indirectly, the nomination or election of an individual elected to or seeking nomination to public office, whether or not such is made before or after the election.

        2)    "Candidate" is a candidate for public office as described in Title 18 (Election Code) of the Louisiana Revised Statutes of 1950 as amended.

        3)    "Elected Official" shall mean all members of the St. Tammany Parish Police Jury.

        4)    "Individual" is a human being of the male or female gender.

        5)    "Person" is an individual, partnership, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries and shall include the officers, directors and shareholders or any person owning and/or having a controlling interest therein. For the purpose of this Section, "person" shall also include subcontractors, successors and assigns.

    H)    If the person seeking to be retained or employed to perform professional services for the Parish is owed money by an elected official of the St. Tammany Parish Police Jury, he shall disclose said debts in the questionnaire and affidavit provided for in Section B and Section C herein.

(Ord. No. 90-1257, adopted 04/19/90)

SEC.

2-050.02 Extension Of Contracts



    The provisions of Sec. 2-050.01(c) shall also be applicable to any person seeking Police Jury approval for the extension of an existing professional services contract, or

otherwise seeking the exercise of any option clause which requires Police Jury approval. (Ord. No. 90-1257, adopted 04/19/90)

SEC.

2-050.03 Recusal Of Certain Elected Officials From Voting



    In addition to the recusal provisions of La. R.S. 42:1120, if any member of the St. Tammany Parish Police Jury, in the discharge of an official duty of a legislative nature, would be required to vote on a matter involving a campaign contributor who contributes in excess of $2,500.00 for such official's current term of office or candidacy therefor, or more than $1,000.00 in any 12-month period, 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 President of the Police Jury, or the Vice-President, in his absence, who shall cause the statement to be recorded in the official journal or minutes of the Police Jury 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 Section may be met by the member reading the required information into such minutes immediately prior to the vote. (Ord. No. 90-1257, adopted 04/19/90)

SEC.

2-050.04 Prohibited Campaign Contribution


    No elected official or candidate as herein defined shall accept any campaign contributions from any gaming/gambling interests.

    1.    any applicant or holder of
        (a)    a casino operating contract
        (b)    a riverboat gaming/gambling license
        (c)    a video poker truck stop, peri-mutual or off-track wagering facility license
        (d)    a manufacturer, distributor or owner of gaming devices;

    2.    any owner, director, officer, or key employee of any of the above; and

    3.    spouses and minor children of those listed above. (Ord. No. 95-2290, adopted 09/21/95)

SEC.

2-050.04.1 Violation; Penalty


    Whoever violates the provisions of this Section shall be guilty of a misdemeanor punishable by a fine of not less than THREE HUNDRED DOLLARS ($300.00) nor more than FIVE HUNDRED DOLLARS ($500.00), or a term of imprisonment for a period of THIRTY (30) days, or both, at the discretion of the court. (Ord. No. 95-2290, adopted 09/21/95)

SEC.

2-050.05 Parish Stationery


    The use of parish letterhead and assorted stationery items is hereby restricted to official parish business only. (Reso. P.J.S. 96-7621, adopted 05/16/96).