2014-1278 - Laserfiche WebLink

Ethics Board Docket No. 2014-1278 Page 5 of 10 IV. PROVISIONS OF LAW 16. La. R.S. 42:1113(A)(1)(a): No public servant ... 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. 17. La. R.S. 42:1112A: No public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity. 18. La. R.S. 42:1102 provides the following definitions and are relevant when analyzing the above provisions: (2)(a) "Agency"means a department,office,division,agency,commission,board, committee, or other organizational unit of a governmental entity. (8) "Controlling interest"means 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. (15) "Participate" means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity,through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. (18)(a) "Public employee" means anyone, whether compensated or not,who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office.