2022-014B - Laserfiche WebLink

La. R.S. 42:1102(19) defines "public servant' to mean a public employee or elected official. 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. Additionally,La. R.S.42:1117 provides that no public servant or other person shall give, pay, loan, transfer,or deliver or offer to give,pay,loan,transfer,or deliver,directly or indirectly,to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of the Code. ANALYSIS The Board noted that the current language of La. R.S. 38:3074(2) does not expressly require that the nominee be an employee of an industrial user. Indeed, the Board has recognized in a prior opinion that any such entity has the ability to nominate individuals who are not providing compensated services to the entity. (See Board Docket No. 2019-755). Pursuant to R.S. 42:1111C(2)(d), industrial users of the District who have a contractual, business, or financial relationship with the District,who are regulated by the District,or who have substantial economic interests which can be substantially affected by the performance of a District Board members' official duties, including Entergy, Exxon Mobil, and Georgia-Pacific, or any similar industrial user, are prohibited sources of compensation for public servants whose agency is the District Board. Pursuant to R.S. 38:3074, members of the District Board are appointed by the Governor, and confirmed by the Senate, to serve as a member of the District. Therefore, the appointed members are "public servants" within the meanings of R.S. 42:1102(18) and (19)(a). Additionally, R.S. 42:1102(2)(a)(i) provides that the agency of the appointed members of the District Board is the District.As such, R.S. 42:1111C(2)(d)prohibits an appointed member of the District Board from receiving compensation for services rendered to Entergy, Exxon Mobil, and Georgia-Pacific, or any similar industrial user. Further, R.S. 42:1117 prohibits Entergy, Exxon Mobil, and Georgia-Pacific, and any similar industrial user, from making payments to the appointed District Board members, when those payments are prohibited under the Code. Page 4 of 5 (BD 2022-014B)