2022-841 - Laserfiche WebLink

You ask whether James Deblanc and his wife can apply for funding through the Program. You stated that the CPPJ would refer Mr. Deblanc's application to the United Way of Southwest Louisiana for review and administration, and would rely on any recommendation from the United Way as to any funds that should be paid to Mr. Deblanc and his wife. LAw 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. La. R.S. 42:1102(13) defines "immediate family member"to include a public servant's spouse. La. R.S. 42:1102(18) and (19) define "public servant" to include any public employee who is engaged in the performance of a governmental entity or is under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of parishes to mean the agency, division, or other organizational unit of a governmental entity in which the public servant serves. La. R.S. 42:1102(23) defines "transaction" as any application, submission, claim, or other such particular matter which the public servant knows or should know is one which will be subject to action by the governmental entity. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. ANALYSIS& CONCLUSION As an employee of the CPPJ,James Deblanc is a public employee pursuant to La.R.S.42:1102(18) and(19). Mr. Deblanc's agency for purposes of the Code is the Section 8 Housing Program within the CPPJ Division of Human Services pursuant to La. R.S. 42:1102(2)(a)(vi). The Board concluded, and instructed me to inform you, that since the Program is not under the supervision or jurisdiction of the Section 8 Housing Program within the CPPJ Division of Human Services, La. R.S. 42:1113(A)(1)(a) does not prohibit James Deblanc and his wife from applying for funding through the Program while he is employed in the CPPJ Division of Human Services. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Page 2 of 3 (BD 2022-841)