2025-580 - Laserfiche WebLink

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(15)defines"participate"to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. La. R.S. 42:1111C(2)(d) states that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or(B) from receiving a gift. La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity. La. R.S. 42:1113A(1)(a) states that no public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less,or member of such a public servant's immediate family,or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant. La. R.S. 42:1123(35) provides that any volunteer fireman or uncompensated law enforcement officer or legal entity in which he has an interest may bid on or enter into a contract, subcontract, or other transaction under the supervision and jurisdiction of his agency; provided the volunteer fireman or uncompensated law enforcement officer shall receive no compensation or thing of economic value for his service as a volunteer fireman or uncompensated law enforcement officer, that the volunteer fireman or uncompensated law enforcement officer shall not be an agency head, and that the volunteer fireman or uncompensated law enforcement officer shall not participate on behalf of his agency in any capacity regarding such contract, subcontract, other transaction. ANALYSIS Under La. R.S. 42:1102(18)(a) and (19), as an uncompensated Reserve Officer, Mr. Thompson is a public employee and public servant as he is under the supervision of an employee with the CPSO, he performs his duties for CPSO, and he flies CPSO aircraft on law enforcement missions. Mr. Thompson has a controlling interest in Rock Solid Aviation. In general, La. R.S. 42:1113A(1)(a) would prohibit Mr. Thompson and Rock Solid Aviation from entering into any contract,subcontract,or other transaction that is under the supervision or jurisdiction of his agency, the Aviation Department of CPSO. However, since Mr. Thompson is uncompensated, La. R.S. 42:1123(35) provides an exception that would allow his legal entity, Rock Solid Aviation, enter into a contract, subcontract, or other transaction with CPSO;provided he is not an agency head for Page 2 of 3 (BD 2025-580)