Small Business Solutions

While defending taking free tickets to games, the New Orleans mayor’s office says there are no black-and-white answers on whether using the tickets is allowed or not. It stated lines are blurred for the law because New Orleans is a social city. However, in Louisiana, all elected officials and public servants must take an ethics training course for the state every year, and the laws are very clear on what you can and cannot receive.WDSU investigates verified that both Mayor Cantrell and CAO completed it just last year. The training starts with the video stating, “During your training, please keep in mind that the state of Louisiana requires all public employees and public servants to use the principles and rules of the code to guide their professional behavior. At the beginning of the training, it focuses on avoiding conflicts of interest, stating, Conflict of interest, according to one dictionary, is a situation in which a person is in a position to get some personal benefit from actions or decisions made in their official capacity. Public servants should be able to spot conflicts of interest. This training will help you recognize potential conflicts so you can avoid ethics violations. It starts right off the bat on who public officials cannot take free items or gifts from, which includes “a person who has or is seeking a contractual business or financial relationship with your agency. A public servant may not solicit or accept anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person who is considered a prohibited source. The exceptions are promotional items, which are objects that businesses give away to promote their services or products, like a pen with a logo on it. You can also receive flowers or a donation in connection with the death of an immediate family member of the public servant if the value does not exceed $100.When it comes to events, free tickets to a civic, nonprofit, educational or political event are allowed when giving a speech or a panel member for discussion. Complimentary admission to a fundraising event held for the benefit of an educational institution or for a nonprofit organization that conducts educational programs is also allowed. What isn’t allowed is free tickets to a Saints or Louisiana State University game. The video states, Admission to professional, semiprofessional or collegiate sporting events are excluded from the complementary. The state even gives examples on its site of what is and is not OK. Example: Q: You are an employee for the Louisiana State Employees Retirement System (LASERS). A vendor of LASERS invites you and your co-workers to a pre-game tailgate party hosted by the vendor, the vendor offers you tickets to the LSU game. May you accept the tickets?A: No. The vendor has a business relationship with your agency; therefore, you may not solicit or accept anything of economic value from them.No public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from a person who is seeking, for compensation, to influence the passage or defeat of legislation by the public servants agency. According to the website, the board encourages public servants to seek advice from the board as to how the law applies to their own situations by writing an advisory opinion. Advisory opinions are not issued as to past conduct but can provide crucial advice on how to avoid problems in the future. If you wish to obtain an advisory opinion, please send your request to the above address.This all comes as New Orleans Mayor LaToya Cantrell and Chief Administrative Officer Gilbert Montano are implicated in an indictment alleging they accepted valuable tickets, potentially violating state ethics laws, sources say.Neither are accused of a crime in the indictment.”If all of that is true, then yeah, it looks to be a violation of the state ethics code,” said Steven Procopio, president of the government watchdog agency PAR.Prosecutors allege former City Inspector Randy Farrell accepted bribes to allow unlicensed electricians to work on hundreds of homes in New Orleans.Prosecutors also allege Farrell wanted a high-ranking city employee who was suspicious of him terminated.Sources tell WDSU that Farrell collaborated with his business partner, Fouad Zeton.According to the indictment, prosecutors allege that in 2019, Farrell bought Cantrell Saints tickets, lunch at a steakhouse and a new iPhone.”There’s certainly enough there to look at this, and if, I’ll say, if someone receives tickets from a prohibited source, then that would be a violation of the state ethics law,” Procopio said.According to the indictment, Farrell met with Cantrell at the steakhouse shortly after purchasing the tickets.It’s alleged Farrell then sent Zeton a text saying, “The (expletive) is gone!!!!!”The indictment also alleges Montano asked Zeton for tickets to the 2020 College Football National Championship game at the Superdome.Farrell paid $3,600 for those tickets, according to the indictment.”I think from a citizen standpoint, I think that goes an extra mile in terms of violating at least the spirit of ethical behavior,” said political expert Ed Chervenak. “He is a major player in the Cantrell administration. He’s fit the pattern of taking tickets, something of value. We don’t know if he offered anything in return or not, but it gives the perception something is going on behind closed doors.”Chervenak said if the allegations against them are true, what is alleged is not appropriate, and said public officials should not take anything of value if they want to have public trust.Montano said he’s disappointed his name has been implicated. He says there is no accusation of wrongdoing in the indictment and wants people to think about his integrity and the work he has done to improve the city.Farrell’s attorney issued the following statement regarding the indictment:”Last year Mr. Farrell took responsibility for IRS problems occurring nearly 10 years ago by means of a plea bargain with the Government, unrelated to the present charges. As a part of the plea bargain with the Government, Mr. Farrell met with Federal authorities to answer questions about the City of New Orleans’ Department of Public Safety.”Mr. Farrell provided documentation of his payment for a birthday luncheon for the cooperating witness (Businessman #1) and his two nephews at which Public Official #1 was an invited guest of the businessman. The prosecutor now is improperly utilizing this information against Mr. Farewell, alleging it was a bribe. Mr. Farrell did nothing more than complain to city leaders about the dysfunction of the department of Safety and permits, a right he and all citizens have under the First Amendment.”Allegations of bribery of Public Officials #1, for a luncheon mean and utilization of Saints tickets are too close to the political system.”The Indictment sensationalizes statements, taken out of context, primarily made by the cooperating witness (Businessman #1) who was a fundraiser and supporter of Public Official #1 and, unfortunately, who had access to Mr. Farrell’s credit card.”Contrary to allegation in the Indictment, Mr. Farrell is not a public official of the State or the City.”Mr. Farrell and IECI deny the allegations in the government’s indictment and look forward to defending themselves in Court.”The city of New Orleans issued the following statement:”Out of respect for the courts and the legal process, the City of New Orleans will reserve comment on this matter until its full conclusion.”New Orleans City Council members also reacted for the first time since the indictment was handed down.New Orleans Council Vice President JP Morrell voiced his concerns over the allegations.”The idea of any city official grabbing anything of value for anyone who does things for the city is illegal,” said Morrell.Council member Eugene Green said he wasn’t aware of Montano’s claim about tickets always circulating through City Hall.Council President Helena Moreno echoed Green’s response.”Saints tickets? No one has ever given me Saints tickets. Also, we have ethics laws in Louisiana, so no, I have not,” said Moreno.WDSU Investigates asked the council if they were aware of other public officials implicated in the scheme but are not officially named by the federal government in the indictment.No one commented on the identities outlined in the indictment.Sources tell WDSU that there are possibly other city employees who may have benefited from the free tickets.Farrell plans on entering a plea of not guilty.