Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
is: (i) An administrative officer or official of a governmental entity who is not filling an elective <br /> office; (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof, (iii) Engaged in <br /> the performance of a governmental function; and, (iv) Under the supervision or authority of an <br /> elected official or another employee of the governmental entity. <br /> La.R.S.42:1113(A)(1)(a)states that no public servant,excluding any legislator and any appointed <br /> member of any board of commission and any member of a governing authority of a parish with a <br /> population of ten thousand or less,or member of such a public servant's immediate family,or legal <br /> entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or <br /> other transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> La. R.S. 42:1113(D)(1)(a)(i) provides that legislators, agency heads, and certain high-ranking <br /> agency officials are prohibited from entering into contracts with state government. <br /> La. R.S. 42:1113(D)(2)(d)provides that the prohibition found in La. R.S. 42:1113(D)(1)(a) shall <br /> not prohibit the completion of any contract which, at the time it was entered into, was not <br /> prohibited by the provisions of this subsection, however no such contract shall be renewed except <br /> as specifically provided for in this paragraph. <br /> ANALYSIS <br /> Concerning your inquiry into the validity of the 2016-531 Advisory Opinion, the law and facts <br /> have not changed and the opinion remains valid as it relates to you. La. R.S. 40:600.90 excepts <br /> members of the LHC board of directors, officers, and employees to have interest in contracts with <br /> the LHC. You are permitted to obtain employment with the LHC while maintaining contracts with <br /> that agency. <br /> Concerning obtaining employment with state agencies other than the LHC, the Code does not <br /> prohibit you from obtaining employment with other state agencies while you maintain a <br /> contractual/financial/business relationship with the LHC. La. R.S. 42:11113(A)(1)(a) prohibits <br /> you from entering into or bidding on contracts with your agency. You or the Company's <br /> business/financial relationship with the LHC does not prohibit you from seeking employment with <br /> other agencies. <br /> Lastly, concerning one of the positions listed in La. R.S. 42:1113(D)(1)(a), the Code does not <br /> prohibit you from obtaining one of the specified positions. La. R.S. 42:1113(D)(2)(d)provides an <br /> exception to La. R.S. 42:1113(D)(1)(a)(i), allowing the completion of contracts that were entered <br /> into prior to the acceptance of the position. However, the contract shall not be renewed. <br /> Take care to comply with the disclosure requirements found in La. R.S. 42:1113(D)(4)(a) and La. <br /> R.S. 42:1114. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that based on the facts presented,the Code <br /> Page 2 of 3 <br /> Docket No.2023-429 <br />