2022-204 - Laserfiche WebLink

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(13) defines "immediate family member" to include the parents of the public servant's spouse. La. R.S. 42:1102(18)(a)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(19) defines "public servant" to include a public employee. 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 Jason McMullen is a public servant pursuant to La. R.S. 42:1102(19) and his agency for purposes of the Code is the Fire District, pursuant to La. R.S. 42:1102(2). John Prock, as an immediate family member of Jason McMullen, is prohibited by La. R.S. 42:1113A(1)(a) from entering into a transaction that is under the supervision or jurisdiction of the Fire District. However, since the appointment is made by the Town of Greenwood,and not the Fire District Board, any such appointment is not a prohibited transaction under the jurisdiction of the Fire District. NEPOTISM La. R.S. 42:1119A No member of the immediate family of an agency head shall be employed in his agency. La. R.S. 42:1102(3) defines"agency head"to include any member of a board or commission who exercises supervision over the agency. La. R.S. 42:1102(13)defines"immediate family member"to include the public servant's children and their spouses. Page 2 of 4 (BD 2022-195)