2023-076 - Laserfiche WebLink

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(18)(c)provides that a public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced. La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official. ANALYSIS Pursuant to La. R.S. 42:1111C(1)(a), public servants are prohibited from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities,programs,or operations of the agency of the public servant and in which the public servant has participated. Accordingly,to the extent that the Assistant Coaches are public servants, this provision would prohibit the Assistant Coaches from receiving compensation from the Club for providing coaching to students of the School who are members of the Club. As employees of the School, the Assistant Coaches are public employees pursuant to La. R.S. 42:1102(18)(a) and public servants pursuant to La. R.S. 42:1102(19). La. R.S. 42:1102(18)(c) specifically states that public employees retain such status even during periods in which they do not provide services, and that the employment ends on the day their termination is clearly evidenced. Accordingly, even during Out of Season Periods, unless the Assistant Coaches have been terminated from their positions, they are considered public employees and public servants. As long as they retain their status as public employees and public servants, the prohibition contained in La. R.S. 42:1111C(1)(a) would continue to apply. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits the Assistant Coaches from receiving compensation from the Club for teaching students of the School, unless they have been clearly terminated as public employees. Changes 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. If you have any questions,please contact me at(800) 842-6630 or(225)219-5600. Sincerely, LOU ANA BOARD OF ETHICS Charles E. Reeves, Jr. For the Board Page 2 of 2 (BD 2023-076)