2022-030 - Laserfiche WebLink

You stated that HSFC was not created by any governmental entity and that it performs services for private entities as well as public entities. You further stated that your employees are not under the supervision of any elected official or public employees involved with the schools. ANALYSIS La. R.S. 42:1102(18)(a) defines a "public employee," in pertinent part, 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. The term,;"governmental function" is not defined in,the Code. However, in determining whether an entity is performing a governmental function and, thus, subject to the Code, the Court has considered whether the entity is performing a specific and statutorily-mandated governmental function. See In re Fontenot, 14-0337 (La. App. 1 Cir. 12/30/14) 2014 WL 7455199, citing Commission on Ethics for Public Employees a IT Corp., 423 So.2d 695 (La.App. 1 Cir. 1982). Here, HSFC only performs consulting services in connection with school food services; HSFC does not perform the actual school food services.Additionally, HSFC is not under the supervision of any school employees when providing consulting services. CONCLUSION The Board concluded, and instructed me to inform you, that, under these facts, HSFC is not a "public employee" subject to the Code. 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. If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. Sincerely, LOUISI RD THICS David M. Bordelon For the Board Page 2 of 2 (BD 2022-030)