2023-068 - Laserfiche WebLink

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. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c)the interest that a person has as a member of the general public. La. R.S. 42:1102 (23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one in which the governmental entity has a direct interest. ANALYSIS As a Hearing Adjudication Officer for the City of Lake Charles, you are a public employee pursuant to La. R.S. 42:1102(18)(a) and a public servant pursuant to La. R.S. 42:1102(19). Pursuant to La. R.S. 42:1112B(3), you are prohibited from participating in any transaction involving your agency in which an entity of which you are an officer has a substantial economic interest. Accordingly, you would be prohibited from participating in any transaction involving your agency in which GGMP has a substantial economic interest. With respect to your candidacy for judge,there is no provision in the Code of Governmental Ethics prohibiting public servants from running for political office. However, you should contact your Human Resources Department to determine if there are restrictions on you running for an elected office while employed by the City of Lake Charles. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit you from continuing to serve as an officer of GGMP, but that you are prohibited from participating in any transaction involving your agency in which GGMP has a substantial economic interest. The Code does not prohibit you from seeking elected office while serving as a Hearing Adjudication Officer. 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 2023-068)