| Advisory opinion request from Steven B. Loeb, General Counsel for the American Council of Engineering Companies of Louisiana, regarding the applicability of various ethics laws to architects and engineers. |
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Steven B. Loeb has submitted multiple questions regarding regarding the applicability of various ethics laws to architects and engineers. The request questions whether architects and engineers are considered "public employees" for purposes of the Code of Governmental Ethics. Because the request does not provide specific facts, names of parties, and details of the contractual relationships, the Board cannot render a specific answer to each question posed. However, in an effort to provide some guidance the Code of Governmental Ethics defines a public employee in La. R.S. 42:1102(18) as anyone, whether compensated or not, who is: (1) an administrative officer or official of a governmental entity who is not filling an elective office, (2) 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, (3) engaged in the performance of a governmental function, and (4) under the supervision or authority of an elected official or another employee of the governmental entity. Furthermore, La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official.
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Section 1102(18)(a)(iii) and (iv) of the Code define a "public employee" as any one compensated or not who is engaged in the performance of a governmental function or under the supervision or authority of an elected official or another employee of the governmental entity.
Section 1102(18)(c) of the Code states that a public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced.
Section 1102(19) of the Code defines "public servant" as a public employee or an elected official.
"Agency" is defined in Section 1102(2)(a) as a department, office, division, agency, commission, board, committee or other organizational unit of the governmental entity. Section 1111C(2)(d) of the Code prohibits a public employee from receiving a thing of economic value for providing services to or for a person that has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. Section 1111E of the Code prohibits a public servant from receiving a thing of economic value for assisting a person in a transaction with his agency. "Person" is defined in Section 1102(16) of the Code as an individual or legal entity other than a governmental entity, or an agency thereof.
Section 1112B of the Code prohibits a public servant from participating in a transaction involving his governmental entity in which any member of his immediate family, any person in which he has a substantial economic interest, or any person of which he is an officer, director, trustee, partner, or employee, has a substantial economic interest. Section 1113 of the Code prohibits a public servant, member of his immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract or other transaction under the supervision or jurisdiction of the agency of such public servant.
Section 1121B of the Ethics Code prohibits a former public servant, for a period of two years following the termination of his public employment, from contracting with their former agency to provide the same services as they provided while a public servant. Additionally, Section 1121B prohibits a public servant, for a period of two years from assisting a person, for compensation, in a transaction involving the agency of the former public servant, in which the public servant participated at any time.
Section 1114 of the Code requires each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant.
Section 1115 of the Code prohibits a public servant from soliciting or accepting a "thing of economic value" from persons that have or are seeking a business, financial, or contractual relationship with their public agency, persons that are seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency, persons regulated by their agency, and persons that have substantial economic interests which can be substantially affected by the performance or nonperformance of the public employees' official duty.
Section 1170(3)(a) of the Code requires each public servant to receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his public employment.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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