2021-205 - Laserfiche WebLink

organizational unit of a governmental entity. For purposes of the Code, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i) ... in the case of public servants who are members or employees of a board or commission ..., it shall mean the board or commission. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity or agency thereof. The Board concluded, and instructed me to inform you,that Regional Advisory Committee members would not be prohibited by Section 1111 C(2)(d) from receiving employment compensation from FHF while they serve on their respective Regional Advisory Committees, since FHF does not have a contractual,business,or financial relationship with any of the Regional Advisory Committees,is not regulated by any of the Regional Advisory Committees,and does not have substantial economic interests which can be affected by the performance of the duties of a member of the Regional Advisory Committees. Additionally, the Board further concluded, and instructed me to inform you, that State Advisory Committee members would not be prohibited by Section 1111 C(2)(d) from receiving employment compensation from FHF while they serve on the State Advisory Committee, since FHF does not have a contractual,business, or financial relationship with the State Advisory Committee, is not regulated by the State Advisory Committee, and does not have substantial economic interests which can be affected by the performance of the duties of a member of the State Advisory Committee. ISSUE No.2—DISABILITY SERVICES CONTRACT You ask whether a Regional Advisory Committee board member would be prohibited from signing a contract with the local human services district to receive developmental disability services for a family member. You stated that the Regional Advisory Committee has no supervision or authority over the individual services agreements. All authority over the services agreements remains with the local human services districts. You stated that neither the Regional Advisory Committees, nor the State Advisory Committee, has authority over the agreements between the family member and the human services district. La. R.S. 42:1113B: No appointed member of any board or commission or member of his immediate family shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member. The Board concluded, and instructed me to inform you, that Section 1113B would not prohibit an appointed member of one of the Regional Advisory Committees from entering into a transaction with the local human services district for disability services, since the application for services is under the supervision or jurisdiction of the local human services district and is not under the supervision or jurisdiction of the Regional Advisory Committee. Page 4 of 6 (Docket No. 2021-205)