|
La. R.S. 42:1114A provides that each public servant and each member of his immediate family
<br /> who derives anything of economic value, directly, through any transaction involving the agency
<br /> of such public servant or who derives any thing of economic value of which he may be reasonably
<br /> expected to know through a person which(1) is regulated by the agency of such public servant, or
<br /> (2) has bid on or entered into or is in any way financially interested in any contract, subcontract,
<br /> or any transaction under the supervision or jurisdiction of the agency of such public servant shall
<br /> disclose certain information as set forth in Section 1114.
<br /> La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or
<br /> beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate
<br /> family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
<br /> La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean
<br /> his children,the spouses of his children,his brothers and their spouses,his sisters and their spouses,
<br /> his parents, his spouse, and the parents of his spouse.
<br /> La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for
<br /> action of a governmental entity or proceeding,personally, as a public servant of the governmental
<br /> entity, through approval, disapproval, decision, recommendation, the rendering of advice,
<br /> investigation, or the failure to act or perform a duty.
<br /> La. R.S. 42:1102(18)(a) defines"public employee"to mean any person,whether compensated or
<br /> not who is: (i) an administrative officer or official of a governmental entity who is not filling an
<br /> elective office; (ii) appointed by any elected official when acting in an official capacity, and the
<br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or
<br /> an agency thereof, either as a member of an agency, or as an employee thereof, (iii) engaged in the
<br /> performance of a governmental function; (iv) under the supervision or authority of an elected
<br /> official or another employee of the governmental entity.
<br /> La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official.
<br /> La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of
<br /> greater benefit to the public servant or other person than to a general class or group of persons,
<br /> except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or
<br /> other matter arising solely from his public employment or office; (b) the that an elected official
<br /> who is elected to a house, body, or authority has in a position or office of such house, body, or
<br /> authority which is required to be filled by a member of such house, body, or authority by law,
<br /> legislative rule, or home rule charter, (c) the interest that a person has as a member of the general
<br /> public.
<br /> ANALYSIS
<br /> As the Director of Finance of the Parish, Ms. Guidry is a public employee under La. R.S.
<br /> 42:1102(18)(a). Accordingly, she is also considered a public servant pursuant to La. R.S.
<br /> 42:1102(19). As the sister of Ms. Guidry, Ms. des Bordes is an immediate family member of Ms.
<br /> Guidry under La. R.S. 42:1102(13).
<br /> As a shareholder and officer of SJB Group, Ms. des Bordes would have a substantial economic
<br /> interest in a transaction between SJB Group and the Parish. Accordingly, Ms. Guidry may not
<br /> participate in any transaction between SJB Group and the Parish,pursuant to La.R.S.42:111213(1).
<br /> Page 2 of 3 (BD 2022-238)
<br />
|