2026-098 - Laserfiche WebLink

La. R.S. 42:1123(1)provides an exception for participation in the affairs of charitable, religious, nonprofit education,public service, or civic organizations when no compensation is received. 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. La. R.S. 42:1102(7) 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(14) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding,personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. La. R.S. 42:1102(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 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(18) defines "public servant"to mean a public employee or elected official. ANALYSIS As an employee of the District,you are a public employee pursuant to La.R.S. 42:1102(17)(a)and a public servant pursuant to La. R.S. 42:1102(18). You are an appointed member of the District. Your agency is the District,pursuant to La. R.S. 42:1102(2)(a). La. R.S. 42:1113B prohibits public servants and companies in which they have a substantial economic interest from entering into transactions with their agency. As a UNITY board member with no ownership and no compensation, you do not have a substantial economic interest in — UNITY.-so UNITY is not prohibited from receiving grants administered-by-the-District. —- La. R.S. 42:1112B(3)prohibits public servants from participating in matters in which an entity of which they are an officer or director has a substantial economic interest. However, La. R.S. 42:1123(1) creates an exception for participation in the affairs of public service or civic organizations when no compensation is received. As you do not receive compensation from UNITY, you are not prohibited from voting on matters relating to UNITY. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit you from serving as a director of UNITY, while UNITY is seeking to obtain grants administered by the District. The Code does not prohibit you from participating in matters relating to UNITY. 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 Page 2 of 3 (BD 2026-098)