2025-616 - 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 shall 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(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on 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 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 official or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servanY'to mean a public employee or elected official. ANALYSIS Deidra Anderson, in her capacity as a Principal of Rapides Training Academy, is a "public employee", pursuant to La. R.S. 42:1102(18), and a public servant, pursuant to La. R.S. 42:1102(19). Her "agency" is Rapides Training Academy pursuant to La. R.S. 42:1102(2)(a)(vi). Linda Anderson is an immediate family member to Deidra Anderson as her mother. Since her mother owns Precious Beginnings Academy, Deidra Anderson has a controlling interest in Precious Beginnings Academy, pursuant 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. However, since the contract is with the Rapides Parish School Board and administered by the Rapides Parish School Board Early Learning Department, Precious Beginnings Academy is not prohibited from participating in the Rapides Parish Early Childhood Network Program. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit Precious Beginnings Academy from entering into a contract with the Rapides Parish School Board and participating in the Rapides Parish Early Childhood Network Program while Deidra Anderson is employed as the Principal of Rapides Training Academy. Changes to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The 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 Gaming Control Law. Page 2 of 3 (BD 2025-616)