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La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official. <br /> La. R.S. 42:1102(18)(a) defines "public employee"to mean any person, whether compensated or <br /> not who is: (i) an administrative officer or official of a governmental entity who is not filling an <br /> elective 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; (iv) under the supervision or authority of an elected <br /> official or another employee of the governmental entity <br /> ANALYSIS & CONCLUSION <br /> As Food Service Supervisor for Avoyelles Parish School Board, you are a public employee and a <br /> public servant pursuant to La. R.S. 42:1102(18)(a) and La. R.S. 42:1102(19), respectively. Your <br /> "agency" for purposes of the Code is the Food Service Department in the Avoyelles Parish <br /> School District since that is the department where you carry out your primary responsibilities <br /> pursuant to La. R.S. 42:1102(2)(a)(i). As owner of Druco Lumber you have a controlling interest <br /> pursuant to La. R.S. 42:1102(8). Therefore, La. R.S. 42:1113A(1)(a)prohibits Druco Lumber, a <br /> legal entity in which you have a controlling interest, from entering into any contract, subcontract, <br /> or other transaction that is under the supervision or jurisdiction of the Food Service Department <br /> in the Avoyelles Parish School District. <br /> Accordingly, the Board concluded and instructed me to inform you, that La. R.S. 42:1113A(1)(a) <br /> does not prohibit Druco Lumber from selling items to the Maintenance Division of the Avoyelles <br /> Parish School District while you are employed as a Supervisor in the Food Service Division of <br /> the Avoyelles Parish School District. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act,the Lobbyist <br /> Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming <br /> Control Law. If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Suzanne Q. Mooney <br /> For the Board <br />