2025-074 - Laserfiche WebLink

economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family,or a le;;al 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. 42:1:102 (2)(a)(i) 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(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"to mean a public employee or elected official. ANALYSIS As an employee of the School Board, you are a public employee pursuant to La. R.S. 42: 102(18)(a) and a public servant pursuant to La. R.S. 42:1102(19). Your agency is the Office of Human Resources,pursuant to La. R.S. 42:1102(2)(a). La. R.S. 42:1113A prohibits public servants and companies in which they own a controlling interest from entering into transactions with their agency.As Dream Keepers would not be entering into a transaction relating to your agency, Dream Keepers would not be prohibited from entering into transactions to provide tutoring services for Helix. La. R.S. 42:1111C(2)(d) prohibits a public servant, or an entity in which they exercise control, frora receiving; compensation from a person who has a financial relationship with their agency or conducts operations regulated by their agency. Dream Keepers does not have a business or financial relat.onship with the Office of Human Resources, so you would not be prohibited from receiving compensation from Dream Keepers. Further, you exercise control over Dream Keepers, which will be receiving compensation from Helix. However, Helix does not have a business or financial relationship with the Office of Human Resources,and does not conduct operations which are regulated 'Dy the Office of Human Resources. Accordingly, Dream Keepers is not prohibited from receiving; compensation from Helix. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit Dream Keepers from contracting with Helix to provide tutoring services to students. Further, you are not Page 2 of 3 (BD 2025-077)