2025-670 - Laserfiche WebLink

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(8) defines "controlling)interest" to mean any ownership in any legal entity or ben.-ficial interest in a trust, held by oro 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. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or not: who is: (i; an administrative officer o 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 i3 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. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS If iV[r. Vincent were to serve as Fire Chie ,he would be a"public employee", pursuant to La. R.S. 42:11.02(l8), and a public servant, pursuant to La. R.S. 42:1102(19). While he would be an employee of the Town, his "agency" would be the Fire Department, pursuant to La. R.S. 4-2:'; 1.02(2)(a),;vi). As the owner of the Company, Mr. Vincent owns a controlling interest in the Company, put suant to La. R.S. 42:1102(8 . La. R.S. 42:1113A prohibits public servants and businesses they own from entering into contracts with their agency. Accordingly, if Mr. Vincent were to serve as Fire Chief, the Company would be prohibited from entering into contracts under the jurisdiction of the Fire Department. This prohibition would not preclude the Comp ny from entering into contracts with the Town that were unrelated to the Fire Department and not under the Fire Department's jurisdiction. CONCLUSION The Board concluded, and instructed me to inform you,that the Code prohibits the Company from entering into contracts with the Fire Depaitment while he serves as Fire Chief. However,the Code does not prohibit the Company from entering into contracts with the Town that were unrelated to the Fire Department and not under the Fir Department's jurisdiction. Changes to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. rhe 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 Gaining Control Law. Page 2 of 3 (BD 2025-670)