2023-600 - Laserfiche WebLink

Mamou receives compensation from both the Church and the Corporation. Kristen Mamou's father,Neil J. Bernard, also receives compensation from the Church. AGENCY La. R.S. 42:1102(19) defines "Public servant" to mean a public employee or an elected official. La. R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. La. R.S. 42:1102(a) defines "Agency"to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. Samuel Mamou, in his capacity as an elected member of the St. John the Baptist Parish School Board, is a public servant pursuant to La. R.S. 42:1102(19). His agency is the St. John the Baptist Parish School Board pursuant to La. R.S.42:1102(2). IMMEDIATE FAMILY MEMBERS La. R.S.42:1102(13)defines "Immediate family" as the term relates to a public servant to include his spouse and the parents of his spouse.The term does not include the siblings of a spouse. Samuel Mamou's spouse, Kristen Mamou, is an immediate family member pursuant to La. R.S. 42:1102(13). Kristen Bernard's father, Neil J. Bernard, is also an immediate family member. However, Kristen Bernard's brother,Neil Justin Bernard, is not an immediate family member for purposes of the Code. ISSUE NO.1:PROHIBITED CONTRACTS WITH THE CHURCH AND CORPORATION You ask whether the School Board can engage in subsequent contractual agreements, similar to those previously entered into,with the Corporation and the Church, while Samuel Mamou serves as an elected member of the School Board. La. R.S. 42:1113A(1)(a)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 or jurisdiction of the agency of such public servant. La.R.S. 42:1102 provides the following definitions: (8) "Controlling interest" means any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity. (23) "Transaction involving the governmental entity" means any proceeding, application,submission,request for a ruling or other determination,contract,claim, Page 2 of 4(BD 2023-600)