2023-427 - Laserfiche WebLink

La. R.S. 42:1102(4) defines "assist" to mean to act in such a way as to help, advise, furnish information to,or aid a person with the intent to assist such person. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity,or an agency thereof. La.R.S.42:1102(21)defines"substantial economic interest"means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons La.R.S.42:1102(22)(a)defines"thing of economic value"means money or any other thing having economic value La. R.S. 42:1102(23) defines "transaction involving the governmental entity" means 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.A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. ANALYSIS La. R.S. 42:1111(E)(1) prohibits an appointed member of the Reparations Board, as well as any legal entity in which such appointed member is an officer, director, trustee,partner, or employee, or in which such appointed member has a substantial economic interest,from receiving or agreeing to receive any thing of economic value for assisting a person in a transaction,or in an appearance in connection with a transaction,with the Reparations Board.As such,members of the Reparations Board are prohibited from assisting clients in transactions involving the Reparations Board. ISSUE No.3-PROHIBITED SOURCE OF COMPENSATION Your first question necessarily involves situations where the client of a Reparations Board member seeks financial payment from the Reparations Board,which leads to a second issue of whether the Reparations Board members may receive payments from any such clients. LAW La. R.S. 42:1111(C)(2)(d): No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive 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 unless such services are:Neither performed for nor compensated by any person who: (1)has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; (2) conducts operations or activities which are regulated by the public employee's agency; or (3)has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. Page 3 of 7 (BD 2023-427)