2024-113 (2) - Laserfiche WebLink

Ethics Board Docket No. 2024-113 Page 6 of 11 his position as Public Works Director,he was not privy to viewing sealed bids, including Ergon's, prior to the UPPJ publicly opening and reading the sealed bids aloud. IV. PROVISIONS OF LAW: 1. La. R.S. 42:1115A provides that no public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. 2. La. R.S. 42:1102 provides the following relevant definitions when analyzing the above provision: (2)(a) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.... (vi) For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. (11) "Governing authority" means the body which exercises the legislative functions of a political subdivision. (12) "Governmental entity" means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. (16) "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.