2025-128 - Laserfiche WebLink

La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof. La. R.S. 42:1102(12)defines"governmental entity" to mean the state or any political subdivision which employs the public employee or ernployed the former public employee or to wl�ich 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 governmental entity. La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) The interest that the public servant has in his position, office, rank; salary,per diem, or other matter arising solely from his public employment or office. (b) The interest that an elected official who is elected to a house, body, or authority has in a position or office of such house,body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter. (c) The interest that a person has as a member of the general public. ANALYSIS As an appointed Board members for the ADRA, the members are public employees pursuant to La. R.S. 42:1102(18)(a)and public servants pursuant to La. R.S. 42:1102(19). For purposes of the Code,their agency is the ADRA. Pursuant to La. R.S. 42:1111C(2)(d), the members shall not receive any thing of economic value for or in consideration of services rendered, or to be rendered,to or for LASACT,if LASACT has or is seeking to obtain contractual or other business or financial relationships with the ADRA, or if LASACT is regulated by the ADRA. Since the members of the ADRA are not rendering services to LASACT for which compensation is received; the ADRA board members are not prohibited from being members of the LASACT while LASACT has or is seeking to have a lease agreement with the ADRA. Page 3 of 4 (BD 2025-128)