2025-117 - Laserfiche WebLink

to this Section shall not be prohibited from participating in discussion and debate concerning the matter,provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate. La. R.S. 42:1102(19) defines "public servant"to include a public employee or an elected official. La. R.S. 42:1102(13) defines "immediate family member"to include a public servant's children. La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to be the agency in which the public servant serves, except that for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. La. R.S. 42:1102(12) defines "governmental entity" to mean the political subdivision which employs the public employee. ANALYSIS As an elected councilman Wayne Ledbetter is a public servant pursuant to La. R.S. 42:1102(19). Wayne Ledbetter's agency for purposes of the Code is the City of Jennings pursuant to La. R.S. 42:1102(a)(iv). Carter Ledbetter Prejean is an immediate family member of Wayne Ledbetter pursuant to La. R.S. 42:1102(13). La. R.S. 42:1113A prohibits Carter Ledbetter Prejean from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the City of Jennings. However, since the current contract was entered into prior to her father becoming a public servant, Ms. Prejean is not prohibited from completing the terms of her contract. Further, if the contract contains automatic renewal language that does not change the terms of the contract or require action by the City of Jennings,the contract may be automatically renewed. Otherwise, Carter Ledbetter Prejean is prohibited from renewing her contract with the City of Jennings. Additionally,if any issue comes before Jennings City Council regarding a Carter Ledbetter Prejean in which she may have an economic interest, Wayne Ledbetter shall recuse himself in compliance with La. R.S. 42:1120. CONCLUSION The Board concluded, and instructed me to inform you, that once Wayne Ledbetter assumes the office of City Councilman in Jennings Carter Ledbetter is prohibited from renewing her contract to provide services to the City of Jennings,however she in not prohibited from fulfilling her current contract with City of Jennings to provide services. 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.