2025-269 - Laserfiche WebLink

Lai. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or ben-.ficial 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. 42:1:102(18)(a) defines"public employee"to mean any person,whether compensated or riot 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 appDintment 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. 42:1.102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS Asa City employee, you are a public employee pursuant to La. R.S. 42:1102(18)(x) and a public servant pursuant to La. R.S. 42:1102(19). Your agency is the Department, pursuant to La. R.S. 4.2:: 102(2)(a)('vi). As the owner of the Company, you own a controlling interest in the Company pursuant to La.. R.S. 42:1102(8). La. R.S. 42:1113A prohibits public servants and companies in which they own a controlling interest. from entering into transactions with their agency. As you own a controlling interest in the Company, each of you and the Company are prohibited from entering into transactions with the Department. Ilowever, the Company is not prohibited from entering into transactions with other Cite departments that are not under supervision or jurisdiction of the Department. CONCLUSION The Board concluded, and instructed me to inform you,that the Code prohibits the Company from entering into transactions with the Department, but the Code does not prohibit the Company from entering into transactions with other departments of the City. Changes to the facts as presented may result in a different application of the provisions of the LOrdsiana 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 Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana Garaing Control Law. If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. Sincerely, YUISIABOARD OF ETHICS Chexles E. Reaves, Jr. For the Board Page 2 of 2 (BD 2025-269)