2025-258 - Laserfiche WebLink

La. R.S. 42:1102(2)(a) defines "agency' to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial 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(13)defines"immediate family"as the term relates to a public servant to include her spouse and her father-in-law. La. R.S. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or not 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 appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency 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 official or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official. 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. ANALYSIS As an employee of Nicholls State University, Office of Student Affairs,Amanda Enclade Fremin is a public servant pursuant to La. R.S. 42:1102(18)and(19), respectively. In accordance with La. R.S. 42:1102(2)(a)(i), Ms. Fermin's agency is the Office of Student Affairs. Dale Fremin, Mrs. Fremin's father-in-law, and Donovan Fremin, Mrs. Fremin's husband, are her immediate family members as defined by La. R.S. 42:1102(13). Ms. Fremin owns a controlling interest in her father-in-law's and husband's businesses as defined by La. R.S. 42:1102(8). La. R.S. 42:1113(A)(1)(a) prohibits the businesses owned by Dale and Donovan Fremin from entering into any contract, subcontract or transactions that are under the supervision or jurisdiction of her agency, the Office of Student Affairs. Therefore, the businesses owned by Dale and Donovan Fremin are prohibited from entering into any contacts, subcontracts or transactions with Nicholls State University that require corroboration with the Office of Student Affairs. However, La. R.S. 42:1113(A)(1)(a) does not prohibit the businesses owned by Dale and Donovan Fremin from entering into an y contracts, subcontracts, or transactions with other Departments within Page 2 of 3 (BD 2025-258)