2025-772 - Laserfiche WebLink

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" means a public employee or an elected official. La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. ANALYSIS As the Commissioner of VLC, Matthew Fairbrother is a public employee pursuant to La. R.S. 42:1102(18)(a)(ii) and a public servant pursuant to La. R.S. 42:1102(19). His agency for purposes of the Code is VLC pursuant to La. R.S. 42:1102(2)(a)(i). As his wife, Mrs. Carelus is Mr. Fairbrother's immediate family member. Mr. Fairbrother and Mrs. Carelus do not have a separate property regime. Mrs. Carelus's employer, TFA, has an ongoing business and financial relationship with VLC because they are one of the subgrantees supported by grants from VLC. Therefore, La. R.S. 42:1111 C(2)(d) prohibits Mr. Fairbrother from receiving a thing of economic value through compensation received by his spouse, Mrs. Carelus, for her services rendered to TFA while TFA has a contractual, business, and/or financial relationship with VLC. Since Mrs. Carelus has not been employed with TFA for at least one year prior to the contractual, business, or financial relationship between TFA and VLC,the exception in La. R.S. 42:1111C(5)(a) is not applicable. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits Mr. Fairbrother from receiving a thing of economic value through compensation received by his spouse, Mr. Carelus, for her services rendered to TFA while TFA has a contractual, business, and/or financial relationship with VLC. 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 3 of 4 (BD 2025-772)