2024-938 - Laserfiche WebLink

to, elected officials and public employees of municipalities, parishes, and other political subdivisions. 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. 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(17) defines "political subdivision" to mean any unit of local government, including a special district, authorized by law to perform governmental functions. La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. La. R.S. 42:1113A(1)(a) states 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. ANALYSIS Councilman Hebert is an elected official pursuant to La. R.S. 42:1102(9) and a public servant pursuant to La. R.S. 42:1102(19). His governmental entity is the Town pursuant to La. R.S. 42:1102(12). His agency is also the Town pursuant to La. R.S. 42:1102(2)(a)(vi). La. R.S. 42:1113A(1)(a)prohibits Councilman Hebert, a member of his immediate family or legal entity in which he has a controlling interest, from bidding on or entering into any contract, subcontracting or other transaction that is under the supervision or jurisdiction of his agency. Here, Councilman Landry would be entering into a contract with the BDD, not the Town, for the purchase of immovable property owned by the BDD, which is not under the supervision or jurisdiction of the Town. Accordingly, Councilman Landry is not prohibited from purchasing the parcel of land adjacent to his home from the BDD while he serves as an elected member of the Town Council. CONCLUSION The Board concluded and instructed me to inform you that the Code does not prohibit Councilman Hebert from entering into a contract with the BDD to purchase immovable property owned by the BDD since it is not under the supervision or jurisdiction of the Town. 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 Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct 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. Page 2 of 3 (BD 2024-938)