2024-590 - Laserfiche WebLink

subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant. La.R.S.42:1102(2)(a)(vi)defines"agency"to mean,for public servants of political subdivisions, it shall 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(18)(a) defines"public employee"to mean any person,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 governmental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS Employees of the GPD are public employees pursuant to La. R.S. 42:1102(18)(x) and public servants pursuant to La. R.S. 42:1102(19). Their agency is the GPD, pursuant to La. R.S. 42:1102(2)(a)(vi). La. R.S. 42:1113A prohibits public servants from entering into transactions with their agency. As the Chief of Police of GPD is an elected position, the agency of GPD employees is the GPD, not the Town. Accordingly, any use of the Town facilities by GPD employees does not represent a transaction with their agency. La. R.S. 42:1111A prohibits public servants from receiving compensation or benefits to which they are not duly entitled as a result of their public employment. The Board does not have jurisdiction over whether the Proposed Ordinance is a legal use of public funds. Such determination would be properly addressed to the Louisiana Attorney General's Office. To the extent the Proposed Ordinance is permissible to Town employees under the applicable state laws, and the benefit of the Proposed Ordinance is extended to GPD employees, then GPD employees would be duly entitled to such benefit, and there would be no violation of La. R.S. 42:1111 A. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits GPD employees to utilize facilities of the Town.Further,to the extent that the Proposed Ordinance does not violate applicable state laws relating to use of public property, then GPD employees are permitted to accept such benefit from the Town. 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 as to laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Page 2 of 3 (BD 2024-590)