2025-723 - Laserfiche WebLink

contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant"and"his agency"when used in reference to the agency of a public servant shall mean, for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities. 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. R.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(20.1) defines "service" to mean the performance of work, duties, responsibilities, or the leasing, rental, or sale of movable or immovable property. La. R.S. 42:1102(22)(a) defines "thing of economic value" to mean money or any other thing having economic value. ANALYSIS Your wife 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). Your wife's agency, for purposes of the Code, is Fiscal Operations for OBH's Administration and Finance Unit. Terraboost Media is a person pursuant to La. R.S. 42:1102(16). La. R.S. 42:1111 C(2)(d) prohibits your wife from receiving any thing of economic value, which includes any direct financial benefit she receives through the community of your earned commission from Terraboost Media, for or in consideration of the services you render to or for Terraboost Media while Terraboost Media has or is seeking to obtain a contractual, other business, or financial relationship with your wife's agency, Fiscal Operations for OBH's Administration and Finance Unit. Consequently, you are prohibited from receiving a commission for soliciting and securing any contractual, other business, or financial relationship on behalf of Terraboost Media Page 2 of 3 (BD 2025-723)