2021-882 (2) - Laserfiche WebLink

enter into or be in any way interested in any contract, subcontract, or other transac- tion which is under the supervision or jurisdiction of the agency of such appointed member. La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves ... Public servants of political subdivisions shall include public employees of municipalities, parishes, and other political subdivisions. La. R.S. 42:1102(18)(a)(ii) defines "public employee" to mean anyone, whether compensated or not,who is appointed by an 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. La. R.S. 42:1102(23) defines a"transaction involving the governmental entity"to mean: Any proceeding, application, submission, request for a ruling or other determina- tion, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transac- tion involving the agency of a governmental entity shall have the same meaning with respect to the agency. §1123(34)EXCEPTION The Louisiana Legislature, in La. R.S. 42:1123(34), created an exception to the Code for transac- tions involving an application for the subdivision and resubdivision of property. By Act 340 of the 2021 Regular Session, effective August 1,2021, R.S. 42:1123(34)was amended and now provides that the Code shall not preclude: A member of a municipal or parish governing authority, an appointed member of a planning or zoning or appeals board or commission of a parish or munici- pality, or a member of such public servant's immediate family or a legal entity in which any such person has an interest from making application for the approval of the subdivision or resubdivision of property and for the zoning of such property or for a building permit and any inspections performed pursuant thereto, provided that all of the following requirements are met: (a)The zoning of such subdivided property shall not be less restrictive than the zoning of the original parcel. (b) The subdivision, resubdivision, or zoning of such property shall be for residential purposes only. Page 2 of 6 (BD 2021-882B)