2023-312 - Laserfiche WebLink

La. R.S. 42:1102 provides the following definitions: (2)(a) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. (18)(a) "Public employee" means anyone, whether compensated or not, who is: (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; (19) "Public servant" means a public employee or an elected official; (23) "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. ANALYSIS Eugene Jones, in his capacity as a volunteer fireman of the Fire Company, is a public employee and public servant as defined by La. R.S. 42:1102(18) and (19). His agency is the Bridge City Volunteer Fire Co. #1. In general, Mr. Jones would be prohibited from entering into a transaction under the supervision or jurisdiction of his agency, which would include his appointment to a position by his agency. However, La. R.S. 42:1123(35) provides a narrow exception that allows a volunteer fireman who receives no compensation for his service as a fireman to enter into a transaction that is under the supervision or jurisdiction of his agency, provided he does not participate in his capacity as a fireman and he is not an agency head. CONCLUSION The Board concluded, and instructed me to inform you, that as long as Eugene Jones receives no compensation for his services as a volunteer fireman,he is not prohibited from being appointed to the Bridge City Volunteer Fire Co. #1 Board of Directors. 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 2023-312)