2026-093 - Laserfiche WebLink

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(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. La. R.S. 42:1102(24) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c)the interest that a person has as a member of the general public. ANALYSIS As a member of the HDDC, 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 HDDC. Your agency is the HDDC,pursuant to La. R.S. 42:1102(2)(a). Merely serving on the HDDC as an owner of property within the HDDC's jurisdiction does not present any issues under the Code. However, you remain subject to the other prohibitions in the Code. La. R.S. 42:1113B prohibits an appointed member of any board or commission, or any company - in which they-have a s interest,, om-bidding-orror entering into-any contract,-- subcontract or other transaction that is under the supervision or jurisdiction of the agency of such appointed member.To the extent that you,or a company in which you have a substantial economic interest desire to submit an application or conduct other business which would be subj ect to review, regulation, or approval of the HDDC, you are prohibited from entering into such transaction. La. R.S. 42:1112A prohibits you from participating in matters in which you have a substantial economic interest. However, La. R.S. 42:1120.4 permits you to avoid a violation of La. R.S. 42:1112A by recusing yourself from debates, discussions and votes on matters in which you have a substantial economic interest. CONCLUSION The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics does not prohibit you, as the owner of property within the HDDC's jurisdiction, from serving as a Page 2 of 3 (BD 2026-093)