2025-047 - Laserfiche WebLink

government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. 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.42:1102(13)defines"immediate family"to mean his children,the spouses of his children, his brothers and their spouses,his sisters and their spouses,his parents,his spouse, and the parents of his spouse. 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(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As a School Board employee, you are a public employee pursuant to La. R.S. 42:1102(18)(x) and a public servant pursuant to La. R.S. 42:1102(19). Your agency is the School Board, pursuant to La. R.S. 42:1102(2)(a)(i). Your daughter-in-law, Ms. Burton, is the spouse of your child and thus your"immediate family member"pursuant to La. R.S. 42:1102(13). La. R.S. 42:1113A(1)(a) prohibits Ms. Burton from bidding on or entering into any contract, subcontract, or other transaction, that is under the supervision or jurisdiction of your agency, the School Board, which includes enrolling School Board employees in 403(b) retirement plans with Corebridge. However,this does not prohibit other Corebridge employees from doing so since Ms. Burton does not have a controlling interest in Corebridge. CONCLUSION The Board concluded and instructed me to inform you that the Code of Governmental Ethics prohibits your daughter-in-law from selling 403(b) retirement plans to School Board employees because the transactions are under the jurisdiction of your agency, the School Board. 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 2025-047)