2022-195 - Laserfiche WebLink

La. R.S. 42:1102(19) defines "public servant'to include a public employee. La. R.S. 42:1102(18)(x) defines"public employee"to mean anyone, whether compensated or not, who is (iii) engaged in the performance of a governmental function, or (iv) under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(2)(a) defines "agency"to mean a department, office, division, agency—or other organizational unit of a governmental entity; (vi) for public servants of political subdivisions, it shall mean the agency in which the public servant serves. La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, 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 transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. ANALYSIS Ikey Ray is a public servant pursuant to La. R.S. 42:1102(19) and his agency for purposes of the Code is Jena High School, pursuant to La. R.S. 42:1102(2)(a). As a public servant, La. R.S. 42:1113A prohibits Mr. Ray from being paid by Jena High School for coaches to attend the Boot Up Football Clinic, since any such payment would be a transaction under the supervision or jurisdiction of his agency, Jena High School. CONCLUSION The Board concluded, and instructed me to inform you, La. R.S. 42:1113A prohibits Ikey Ray and his sole proprietorship, Boot Up Football Clinic from entering into a transaction with Jena High School for the payment of registration fees for coaches to attend the Boot Up Football Clinic. 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. Page 2 of 3 (BD 2022-195)