2025-689 - Laserfiche WebLink

La. R.S.42:1:102(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 shat l 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. Lat. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial irtterest in a trust, held by or on behalf of an individual or a member of his immediate fa.niily, either individually or collectively, which exceeds twenty-five percent of that legal entity. La. 11t.5. 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 offi-,ial or another employee of the governmental entity. La. It.,S. 42::1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As ,,-inployees of CPSB, Ms. Duhon and Ms. Cox are "public employees", pursuant to La. R.S. 4.2: 102(18), and public servants, pursuant to La. R.S. 42:1102(19). While they are employees of C",PIS11, their "agency" is the school at which they serve, Grand Lake, pursuant to La. R.S. 4.:?:".102,(2)(a)(vi). As the owner of Duhon Dirt and Southwest, Mr. Duhon and the Coxes own a Controlling interest in the two companies, respectively,pursuant to La. R.S. 42:1102(8). ha. R;..S. 42:1.113A prohibits public servants and businesses own by them or their immediate family rn.ernb,ers from entering into contracts with their agency. Accordingly, Duhon Dirt and Southwest are prohibited from entering into contracts under the supervision or jurisdiction of Grand Lake. This prohibition would not preclude Duhon Dirt or Southwest from entering into contracts with C:PS13 thatare unrelated to Grand Lake and not under Grand Lake's jurisdiction or supervision. CONCLUSION The 131oard cozicluded, and instructed me to inform you, that the Code prohibits Duhon Dirt and So}athwest: fr•orn entering into contracts with Grand Lake while Ms. Duhon and Ms. Cox serve as public servants for Grand Lake. However, the Code does not prohibit Duhon Dirt and Southwest horn entering into contracts with CPSB that are unrelated to Grand Lake and not under Grand Lake's jurisdiction or supervision. C;