2023-429 - Laserfiche WebLink

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; and, (iv) Under the supervision or authority of an elected official or another employee of the governmental entity. La.R.S.42:1113(A)(1)(a)states that no public servant,excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less,or member of such a public servant's immediate family,or 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. La. R.S. 42:1113(D)(1)(a)(i) provides that legislators, agency heads, and certain high-ranking agency officials are prohibited from entering into contracts with state government. La. R.S. 42:1113(D)(2)(d)provides that the prohibition found in La. R.S. 42:1113(D)(1)(a) shall not prohibit the completion of any contract which, at the time it was entered into, was not prohibited by the provisions of this subsection, however no such contract shall be renewed except as specifically provided for in this paragraph. ANALYSIS Concerning your inquiry into the validity of the 2016-531 Advisory Opinion, the law and facts have not changed and the opinion remains valid as it relates to you. La. R.S. 40:600.90 excepts members of the LHC board of directors, officers, and employees to have interest in contracts with the LHC. You are permitted to obtain employment with the LHC while maintaining contracts with that agency. Concerning obtaining employment with state agencies other than the LHC, the Code does not prohibit you from obtaining employment with other state agencies while you maintain a contractual/financial/business relationship with the LHC. La. R.S. 42:11113(A)(1)(a) prohibits you from entering into or bidding on contracts with your agency. You or the Company's business/financial relationship with the LHC does not prohibit you from seeking employment with other agencies. Lastly, concerning one of the positions listed in La. R.S. 42:1113(D)(1)(a), the Code does not prohibit you from obtaining one of the specified positions. La. R.S. 42:1113(D)(2)(d)provides an exception to La. R.S. 42:1113(D)(1)(a)(i), allowing the completion of contracts that were entered into prior to the acceptance of the position. However, the contract shall not be renewed. Take care to comply with the disclosure requirements found in La. R.S. 42:1113(D)(4)(a) and La. R.S. 42:1114. CONCLUSION The Board concluded, and instructed me to inform you,that based on the facts presented,the Code Page 2 of 3 Docket No.2023-429