2024-198 - Laserfiche WebLink

La. R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices. 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(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include,but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees. 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. ANALYSIS As a Natchitoches Parish Council Member, you are an elected official pursuant to La. R.S. 42:1102(9) and a public servant pursuant to La. R.S. 42:1102(19). Your governmental entity is Natchitoches Parish pursuant to La. R.S. 42:1102(12), and your agency for purposes of the Code is Natchitoches Parish pursuant to La. R.S. 42:1102(2)(a)(vi). La. R.S. 42:1113A(1)(a) prohibits you, a member of your immediate family, or a legal entity in which you have a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of your agency, Natchitoches Parish, which includes the purchase of adjudicated property through a public auction conducted on behalf of Natchitoches Parish. CONCLUSION The Board concluded, and instructed me to inform you,that based on the facts presented,the Code prohibits you from bidding on or entering into a transaction to purchase property from Natchitoches Parish through a public auction while you serve as a Natchitoches Parish Council Member. 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 Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct 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 2024-198)