2025-465 - Laserfiche WebLink

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 sliall 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(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. 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 offizial 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 As an employee of CPSB, 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). CPSB is your agency, pursuant to La. R.S. 42: 2 102(2)(a) vi), and you are not an"agency head"pursuant to La. R.S. 42:1102(3). La. R.S. 42:1113 provides that public servants may not enter into transactions with their own age--ivies. Accordingly,while you remain an employee of CPSB,you may not contract with CPSB. This lirovisiorL does not prohibit you, during your employment with CPSB, from contracting with other parishes' school boards. With respect to post-employment restrictions, as you are not an agency head, La. R.S. 42:1121B sliall apply. La. R.S. 42:1121B prohibits employees from rendering services on a contractual basis with their former agency for a period of two years. Accordingly, you would be prohibited from providing SER consulting services to CPSB for two years following your retirement. This provision does not prohibit you, at any time after your employment with CPSB, from contracting with other parishes' school boards. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits you contracting with CPSB during your employment and for a period of two years following the termination of your employment with CPSB. The Code does not prohibit you, either during or after your employment with CSPB, from providing consulting services to other parishes' school boards. Changes to the facts as presented may result in a different application of the provisions of the LoLdsiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other thE:n the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Page 2 of 3 (BD 2025-465)