2024-954 - Laserfiche WebLink

La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. 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(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(18)(a) defines"public employee"to mean anyone,whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii)Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the govermmental entity. La. R.S. 42:1102(19) defines "public servant" to mean a public employee or an elected official. La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean 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.A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. ANALYSIS AND CONCLUSION In your capacity as an Assumption Parish School District teacher, you are a public employee pursuant to La. R.S. 42:1102(18) and a public servant pursuant to La. R.S. 42:1102(19). For purposes of the Code,your agency is AHS pursuant to La.R.S. 42:1102(2)(a). Pursuant to La. R.S. 42:1102(8), you have a controlling interest in CX Virtual Solutions because it is a legal entity in which you hold one hundred percent of its ownership interest. According to La. R.S. 42:1113A(1)(a), you and CX Virtual Solutions are prohibited from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of your agency, AHS. This includes your proposed internship arrangement between CX Virtual Solutions.and AHS since the internship will have to be approved by the Curriculum and Instruction Supervisor of Secondary Education for AHS. Therefore, the Board concluded and Page 2 of 3 (BD 2024-954) '