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Last modified
2/25/2026 11:00:49 AM
Creation date
12/9/2025 9:07:22 AM
Metadata
2025-665
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2025-665
Requesting Party
Frances Harmon
Parties Involved
Frances Harmon
FFH Enterprises, LLC
Agency at Issue
St. Charles Parish
St. Charles Parish Library
Decision Date
12/5/2025
Law
1121
Caption
The Code does not prohibit a company in which a former member of the St. Charles Parish Library Board owns an interest from entering into contracts with libraries under the jurisdiction of St. Charles Parish Lirary Board.
Ethics Subject Matters
Post Employment
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La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the agency in which the public servant serves, except that for members of any governing authority <br /> and for the elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. Public servants of political subdivisions shall include,but shall not be limited <br /> to, elected officials and public employees of municipalities, parishes, and other political <br /> subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and <br /> their employees; and clerks of court and their employees. <br /> La. R.S. 42:1102(3) defines "agency head"to mean the chief executive or administrative officer <br /> of an agency or any member of a board or commission who exercises supervision over the agency. <br /> La. R.S. 42:1102(12)defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected, as the case may be. <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> La. R.S.42:1121A(1)provides no former agency head or elected official shall,for a period of two <br /> years following the termination of his public service as the head of such agency or as an elected <br /> public official serving in such agency,assist another person, for compensation, in a transaction, or <br /> in an appearance in connection with a transaction, involving that former agency or render any <br /> service on a contractual basis to or for such agency. <br /> La.R.S.42:1121A(2)provides that no former member of a board or commission shall,for a period <br /> of two years following the termination of his public service on such board or commission,contract <br /> with, be employed in any capacity by, or be appointed to any position by that board or <br /> commission. <br /> La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, <br /> director, trustee,partner, or employee shall, for a period of two years following the termination of <br /> his public service, assist another person, for compensation,in a transaction, or in an appearance in <br /> connection with a transaction in which such public servant at any time participated during his <br /> public service and involving the agency by which he was formerly employed or in which he <br /> formerly held office. <br /> La. R.S. 42:1121D prohibits a former public servant from sharing in any compensation received <br /> by another person for assistance which such former public servant is prohibited from rendering by <br /> Section 1121. <br /> ANALYSIS <br /> While you served as member of the Library Board, you were a public employee pursuant to La. <br /> R.S. 1102(18)(a)(ii) and a public servant pursuant to La. R.S. 42:1102(19). Your agency, for <br /> purposes of the Code, is the Library Board pursuant to La. R.S. 42:1102(2)(a)(vi). As a member <br /> of a board,you were an"agency head"pursuant to La. R.S.42:1102(3).Neither the Library Board <br /> nor St. Charles Parish is a"person" as defined by the Code (La. R.S. 42:1102(16)). <br /> Page 2 of 4 (BD 2025-665) <br />
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