2023-314 - Laserfiche WebLink

unit of local government authorized by law to perform governmental functions. La. R.S. 42:1102(19)defines "public servant"to include any elected official. As an elected member of the St. Landry Parish Council, you are a public servant pursuant to La. R.S. 42:1102(19). Your agency, and governmental entity, for purposes of the Code is St. Landry Parish Government,as you are a member of the governing authority of St. Landry Parish,pursuant to La. R.S. 42:1102(2)(a)(vi)and(12). ISSUE NO. 1: SUBCONTRACTORS OF ST.LANDRY PARISH GOVERNMENT You ask whether a subcontractor of St. Landry Parish Government can order parts and supplies from Coburn's and, if so, whether Coburn's can deliver those items directly to the St. Landry Parish project site. You stated that the subcontractor pays Coburn's directly,not St. Landry Parish Government La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person who has, or is seeking to obtain, a contractual, business, or financial relationship with the public servant's agency. La. R.S. 42:1102(20.1) defines"service"to mean the performance of work, duties, or responsibilities, or the leasing,rental, or sale of movable or immovable property. Since you do not exercise control over Coburn's and have no ownership interest in Cobum's, Coburn's is not prohibited by La. R.S.42:111 l(C)(2)(d)from rendering services to a subcontractor of St. Landry Parish Govemment, including the delivery of parts and supplies to a St. Landry Parish Government project site. ISSUE N0.2: DIRECT PURCHASES BY ST.LANDRY PARISH GOVERNMENT You ask whether St. Landry Parish Government can purchase items directly from Coburn's locations other than the Eunice location at which you work. La. R.S. 42:1113(A)(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board or 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 orjurisdiction of the agency of such public servant. La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity ... held by an individual ... which exceeds twenty-five percent of that legal entity. Since you do not have any ownership interest in Cobum's, Coburn's is not prohibited by La. R.S. 42:1113(A)(1)(a) from entering into contracts, subcontracts, or other transactions that are under the supervision orjurisdiction of the St. Landry Parish Government.The Board notes that since all Coburn's locations are owned by the same legal entity, there is no distinction between each location. Page 2 of 3 (BD 2023314)