2023-968 - Laserfiche WebLink

and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. La: R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices. La.R.S.42:1102 (12)defines"governmental entity"to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official. Mr. Daigrepont is an elected official according to La. R.S. 42:1102(9) and a public servant according to La. R.S. 42:1102(19). Mr. Daigrepont's agency and governmental entity is the West Baton Rouge Parish School Board according to La. R.S. 42:1102(2)(a) and La. R.S. 42:1102(12), respectively. ISSUE NO. 1: CONTRACTUAL ARRANGEMENTS La. R.S. 42:1113A(1)(a) states that no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less,or member of such a public servant's immediate family,_or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant. 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. Under La. R.S. 42:1113A(l)(a), BCB is not prohibited from bidding on or entering into any contract, subcontract, or other transaction with the School Board because Mr. Daigrepont has no controlling interest in BCB. ISSUE No.2:RECEIPT OF COMPENSATION La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. La. R.S. 42:1111 C(2)(d) does not apply because Mr. Daigrepont is not receiving any thing of economic value for or in consideration of services rendered to or for BCB while he is a member of the School Board. Page 2 of 4 (BD 2023-968)