2023-136 - Laserfiche WebLink

economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1102(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(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(18)(c)provides that a public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As an employee of the Parish, Mr. Bello is a public employee pursuant to La. R.S. 42:1102(18)(a) and a public servant pursuant to La. R.S. 42:1102(19). His agency is the Department, pursuant to La. R.S. 42:1102(2)(a). Pursuant to La. R.S. 42:1111 C(2)(d), public servants are prohibited from receiving 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 if such services are performed for a person who conducts operations or activities which are regulated by the public employee's agency or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. Given that Easley conducts operations or activities which are regulated by the Department, Mr. Bello is prohibited from receiving compensation from Easley. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits Mr. Bello from receiving compensation from Easley while it conducts operations or activities which are regulated by the Department. 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. Page 2 of 3 (BD 2023-136)