2022-325 - Laserfiche WebLink

LAW La. R.S. 42:1102(18)(a) defines "public employee" to mean "anyone, whether compensated or not who is: (i) an administrative officer or official or a governmental entity who is not filling an elected office. (ii) 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. (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." La.R.S.42:1102(12)defines"governmental entity"to mean"the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be." ANALYSIS Chez Hope, Inc. was created as a nonprofit organization and not by the state or any political subdivision; therefore, it does not appear to meet the definition of"governmental entity" in La. R.S. 42:1102(12). Furthermore, it does not appear that the board members of Chez Hope, Inc. are performing a governmental function which would subject its board members to the provisions of the Code as "public employees." La. R.S. 42:1102(18)(a). CONCLUSION The Board concluded, and instructed me to inform you, that Chez Hope, Inc.'s board members are not subject to the provisions of the Code. Accordingly,the Board declined to answer your question concerning the propriety of the accounting firm entering into a contract with Chez Hope, Inc., since this issue is not under its jurisdiction. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Sincerely, ZIANA BOARD OF ETHICS hj& Tracy 4/8arker For the Board Page 2 of 2 (BD 2022-325)