2025-111 - Laserfiche WebLink

La. R.S.42:1:121A(1)provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearajlce in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency. La.R.S.42:1 121A(2)provides that no former member of a board or commission shall,for a period of two years following the termination of his public service on such board or commission, contract with,be employed in any capacity by,or be appointed to any position by that board or commission. La. R.S. 42:1"102(2)(a)(vi)defines"agency"to mean,for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.Public servants of political subdivisions shall include,but shall not be limitecl to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees. 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. 42:1-102(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 a.pp:)intment 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 o; icial 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 La. R.S. 42:1121A(2) prohibits former members of boards from being employed by or appointed to a position by that board for a period of two years following the termination of their board service. As you are currently a board member of the CDD, you would be prohibited for a period of two yews following your resignation from being employed by the CDD or being appointed to any posAion by the CDD.Accordingly,La.R.S.42:1121A(2)would prohibit you from being appointed as district manager of the CDD for two years following your resignation from the CDD board. With respect to the Company, as the sole owner, you own a controlling interest in the Company, pursuant to La. R.S. 42:1102(8). Accordingly, La. R.S. 42:1113B would prohibit the Company from transacting with the CDD while you serve as a board member. Additionally, after you resign as z board member, La. R.S. 42:1121A(1) would prohibit you from assisting the Company for compensation in a transaction with the CDD. Page 2 of 3 (BD 2024-590)