2022-746 - Laserfiche WebLink

You ask whether these elected officials and employees of Ascension Parish may serve on the board of the Foundation. LAW La. R.S. 42:1112(B)(3): No public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: Any person of which he is an officer, director, trustee, partner, or employee. La. R.S. 42:1123(1): This Part shall not preclude participation in the affairs of charitable,religious, nonprofit educational, public service, or civic organizations, bona fide organized public volunteer fire departments when no compensation is received, or the activities of political parties not proscribed by law. La. R.S. 42:1102(15)defines"participate"to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. La. R.S. 42:1102(12) defines "governmental entity"to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons. La. R.S. 42:1113(A)(1)(a):No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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. ANALYSIS&CONCLUSION Generally, La. R.S. 42:1112(B)(3)prohibits a public servant from participating in any transaction in which a legal entity has a substantial economic interest, if the public servant is an officer, director, trustee, partner, or employee of the legal entity. However, the exception in La. R.S. 42:1123(1) allows the public servant to participate in the affairs of a non-profit educational or public service organization, provided that the public servant does not receive compensation from the organization. Under these specific facts, the Foundation is operating as a public service organization by providing assistance to the Early Childhood Development Program.As such,the Board concluded, and instructed me to inform you,that since the elected officials and employees of Ascension Parish will not be compensated for their services to the Foundation,the exception in La. R.S. 42:1123(1) allows them to participate in the affairs of the Foundation. Page 2 of 3 (BD 2022-746)