2025-430 (2) - Laserfiche WebLink

political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees. La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or ben.-ficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity La. R.S. 42:1102(18)(a) defines"public employee"to mean any person,whether compensated or riot who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the app3intment is to a post or position wherein the appointee is to serve the governmental entity or an s.gency 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 offi-,ial or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS Els an employee of DOTD, you are a"public employee,"pursuant to La. R.S. 42:1102(18), and a "public servant,"pursuant to La. R.S. 42:1102(19). District 5 is your agency, pursuant to La. R.S. 4.2:".1.02(2)(a)(vi). If you own more than twenty-five percent(25%)of the Proposed Business, you are deemed to have a controlling interest in the Proposed Business, pursuant to La. R.S. 4.2:".102(8). La. R.S. 42:1113 provides that public servants, and companies in which they own a controlling irLterest, may ,aot enter into transactions with their own agencies. Accordingly, if you own more than twenty-five percent of the Proposed Business, each of you and the Proposed Business are prohibited from entering into contracts with the District. This provision does not prohibit you, or the Proposed Business,from contracting with other DOTD districts,other agencies within the State of Louisiana, or agencies in other states. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits you, and any company in which you own more than twenty-five percent, from contracting with the District durng your employment. The Code does not prohibit you or the Proposed Business, from contracting with other DOTD districts, other agencies within the State of Louisiana, or agencies in other states. ChEnges to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Louisiana 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 2025-430)