2022-809 - 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. "Agency of the public servant"and"his agency"when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant. ANALYSIS As an employee of DEQ, you are a public employee pursuant to La. R.S. 42:1102(18)(x), and are also a public servant pursuant to La. R.S.42:1102(19). PPPSD is your agency,pursuant to La. R.S. 42:1102(2)(a)(vi). Your father-in-law is an immediate family member, pursuant to La. R.S. 42:1102(13). Generally,under the provisions of La.R.S.42:1113A,your father-in-law would be prohibited from entering into a transaction with your agency. Under the facts you presented, your father-in-law would not be contracting with PPPSD, or even OES. Rather, he would be contracting with OMF, a separate agency within DEQ. Accordingly, he would not be contracting with your agency, and La. R.S. 42:1113A would not prohibit such a transaction. CONCLUSION Based on the facts presented, the Board concluded, and instructed me to inform you, that your father-in-law may enter into a contract with OMF to provide a replacement drop-box. 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. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600. Sincerely, LOUISIANA BOARD OF ETHICS Z�4e Charles E. Reeves, Jr. For the Board Page 2 of 2 (BD 2022-809)