2022-338 - Laserfiche WebLink

The Forgotten War from taking any of the aforementioned actions, you would like to know how long you would have to be separated from LDH in order to take such actions. LAW La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La.R.S.42:1113A states that no public servant,or a member of such a public servant's immediate family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant. La.R.S.42:1102(2)(a)(i)defines"agency"for public servants in the twenty principal departments of the executive branch of state government,to mean the office in which such public servant carries on his primary responsibilities. 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(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 an employee of LDH, you are a public employee under La. R.S. 42:1102(18)(a). Accordingly, you are also considered a public servant pursuant to La. R.S. 42:1102(19). Your agency is the OAAS, within LDH, pursuant to La. R.S. 42:1102(a). With respect to rental income from recipients of Unaffiliated Vouchers, La. R.S. 42:1111C(2)(d) prohibits you and any entity over which you exercise control from receiving compensation for services rendered to any person who is seeking to have financial relationships with your agency or whose operations or activities are regulated by your agency. As you are the President of The Forgotten War, it would be considered an entity over which you exercise control. As the recipients Page 2 of 3 (BD 2022-338)