Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
Ethics Board Docket No. 2023-201 <br /> Page 3 of 7 <br /> IV. <br /> PROVISIONS OF LAW: <br /> 1. <br /> La. R.S. 42:1113A(1)(a): No public servant, excluding any legislator and any appointed <br /> member of any board or commission and any member of a governing authority of a parish with a <br /> population of ten thousand or less,or member of such a public servant's immediate family,or legal <br /> entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or <br /> other transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> 2. <br /> The following terms are defined in La. R.S. 42:1102 of the Ethics Code and are relevant <br /> when analyzing the above Section: <br /> (2)(a)(vi) defines "agency," far public servants of political subdivisions, to mean <br /> the agency in which the public servant serves, except that for members of any <br /> governing authority and for the elected or appointed chief executive of a <br /> governmental entity, it shall mean the governmental entity. Public servants of <br /> political subdivisions shall include,but shall not be limited to, elected officials and <br /> public employees of municipalities, parishes, and other political subdivisions; <br /> sheriffs and their employees; district attorneys and their employees; coroners and <br /> their employees; and clerks of court and their employees. <br /> (19) defines "public servant"to mean a public employee or elected officiaL <br /> (22)(a) defines "transaction involving the governmental entity" means any <br /> proceeding, application, submission, request for a ruling or other determination, <br /> contract, claim, case, or other such particular matter which the public servant or <br /> former public servant of the governmental entity in question knows or should know: <br /> (a) Is, or will be,the subject of action by the governmental entity. <br /> (b) Is one to which the governmental entity is or will be a party. <br /> (c) Is one in which th governmental entitiy has a direct interest. A <br /> transaction involving the agency of a governmental entity shall have <br /> the same meaning with respect to the agency. <br /> 3. <br /> La. R.S. 42:1153(B) provides the following with respect to penalties with respect <br />