2008-1150 - Laserfiche WebLink

• conduct of "public servants" and "public employees". In this matter, there are three possible entities that will be active in the transaction contemplated. It is rather obvious that no conflict of interest or private gain is present with regard to LSU or OLOL/FMOL. Instead, it is Taylor Porter's proposed activities in the provision of services to LSU that is under scrutiny for conflict of interest or private gain under the Code of Governmental Ethics. The issue then is whether the Board has jurisdiction over Taylor Porter. Discussion of Statutes and Case Law. At the outset The Board notes that Taylor Porter is a private law firm, not a governmental entity with officers or employees that would clearly be subject to the Code. There is however an exception to the general rule. The exception deems as "public employees"those private entities that are"engaged in the performance of a governmental function." La. R. S. 42:1102 (18)provides in pertinent part: (18)(a) "Public employee" means anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof either as a member of an agency, or as an employee thereof (iii) Engaged in the performance of a governmental function . (iv) Under the supervision or authority of an elected official or another employee of the governmental entity. (Emphasis added) The generally accepted meaning of the term "public employee" is a person employed and compensated without written contract by a governmental agency.'A fair reading of Section 18 (a) shows that (iii) and (iv) above represent exceptions to generally accepted meaning of employee. Thus, those exceptions should not be given an expansive interpretation. The question then is whether Taylor Porter would be "(e)ngaged in the performance of a governmental function" in providing legal services to LSU and therefore is in violation of Section 1111 C(2)(d) (payment from nonpublic sources as compensation) and Section 1112B(2) (participation in certain transaction involving the public employee's governmental entity). The Code provides no definition of "governmental function". However the Board is of the opinion that "governmental function" is a term of art that has a specific, precise meaning in a given specialty, apart from its general meaning in ordinary contexts. Black's Law Dictionary, (8 `h ed. 2004). (Emphasis added) That same authority defines "governmental function" as follows: "A government agency's conduct that is expressly or impliedly mandated or authorized by constitution, statute, or other law and that is carried out for the benefit of the general public."Black's Law Dictionary(8th ed. 2004), "governmental function."3 • An interpretation that fails to give the words "governmental function" a specific meaning would in effect read the subject phrase out of Section 1102 (18) (a). Therefore we must