2026-030 - Laserfiche WebLink

Lai. R.S. 42:1102(7) defines "controlling interest" to mean any ownership in any legal entity or beneticial interest in a trust, held by or on behalf of an individual or a member of his immediate E.,tnil,y, either individually or collectively, which exceeds twenty-five percent of that legal entity. La. I .S. 4-2:1102(17)(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 clective office; (ii) appointed by any elected official when acting in an official capacity, and the app Diintment i 9 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 pc;rlormance of a governmental function; (iv) under the supervision or authority of an elected offi:;ia.l or another employee of the governmental entity. Lal. 11I.S. 4.2;,,1102(18) defines "public servant"to mean a public employee or elected official. ANALYSIS lHiir•ed as an HPD employee, Mr. Stephenson would be a public employee pursuant to La. R.S. 42: .102(17)(a), and also a public servant pursuant to La. R.S. 42:1102(18). His agency is HPD, pursuant to I.E.. R.S. 42:1102(2)(a)(i). La. R.S. 42:V 13A prohibits a public servant or an entity in which they have controlling interest frora entering in to a transaction which is under the supervision or jurisdiction of their agency. As trie owner of the Company, Mr. Stephenson has a controlling interest in the Company. Accordingly, as Mr. Stephenson's agency is HPD, the Company is prohibited from entering into trap sa.ctions with HPD, but not prohibited from entering into transactions with the Town, to the exaent such Lmnsactions are not under the supervision or jurisdiction of HPD. Accordingly, Town employees would not be prohibited from making payments to the Company pursuant to La. R.S. CONCLUSION The }hoard concluded,and instructed me to inform you,that the Code of Governmental Ethics does not lrr,ohibit the Town from entering into transactions with the Company, to the extent the transactions are, not under the supervision or jurisdiction of HPD. Cl-ianges to the facts as presented may result in a different application of the provisions of the Lae.isiana Ccxle of Governmental Ethics. The Board issues no opinion as to past conduct or as to haws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure P,ct,t:lie Lobbvist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana (3ara:u►g Control Law. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600. S irJ1,0L) t-Tel l'qABOARD OF ETHICS Chc.rles E. Cie.-ves, Jr. For the Board Page 2 of 2 (BD 2026-030)