2025-557 - Laserfiche WebLink

(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. La. R.S. 42:1117: No public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part. La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof. La.I2.S. 42:1102(18)(a)defines "public employee"to mean anyone,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 servant"to mean a public employee or an elected official. La. R.S. 42:1102(22)(a) defines a "thing of economic value" to mean money or any other thing having economic value. ANALYSIS A student worker of BTNEP is a public employee pursuant to La. R.S. 42:1102(18)(a)and a public servant pursuant to La. R.S. 42:1102(19). BTNEP is the agency of a BTENP student worker pursuant to La. R.S. 42:1102(2)(a). BTEF is a person pursuant to La. R.S. 42:1102(16). A BTNEP worker is prohibited by La. R.S. 42:1111C(2)(d) from receiving any thing of economic value for or in consideration of services rendered, or to be rendered, to or for BTEF while BTEF has a contractual, other business, or financial relationship with BTNEP. Correspondingly, BTEF is prohibited by La. R.S. 42:1117 from paying,directly or indirectly,a BTNEP student worker any thing of economic value that a BTNEP student worker would be prohibited from receiving by La. R.S. 42:1111C(2)(d). CONCLUSION The Board concluded and instructed me to inform you that the Code of Governmental Ethics prohibits BTEF from paying a BTNEP student worker to help with organizing and presenting events hosted by BTEF. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Page 2 of 3 (BD 2025-557)