2023-600 - Laserfiche WebLink

case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be,the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. La.R.S.42:1113A prohibits Mr. Samuel Mamou,his immediate family members,and legal entities in in which he has a controlling interest from bidding on or entering into any contract,subcontract, or other transaction that is under the supervision or jurisdiction of the School Board. Since Samuel Mamou, Kristen Mamou, and Neil J. Bernard do not have any ownership interest in either the Corporation or the Church, Samuel Mamou does not have a controlling interest in the either Corporation or the Church. Accordingly, La. R.S. 42:1113A does not prohibit the Corporation or the Church from entering into agreements with the School Board, provided neither Kristen Mamou, nor Neil J. Bernard, sign the agreements or render services on behalf of the Corporation or the Church to the School Board. ISSUE NO.2:KRISTEN MAMOU'S PROHIBITED COMPENSATION In the event the Corporation and/or the Church enter into any agreements with the School Board, La. R.S. 42:1111(C)(2)(d) prohibits Samuel Mamou, and his wife, from receiving a thing of economic value for services provided to the Corporation or the Church. La. R.S. 42:1111(C)(2)(d) 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 during his public service unless such services are neither performed for nor compensated by 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 has or is seeking to obtain contractual or other business or financial relationships 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. Through community property laws, this provision prohibits Mr. Mamou from receiving a thing of economic value even when the compensated services are provided by his wife, Kristen Mamou. Therefore, La. R.S. 42:111](C)(2)(d) also prohibits Samuel Mamou and Kristen Mamou from receiving compensation from the Corporation and/or the Church while either entity has a contractual,business or financial relationship with the School Board. Page 3 of 4(BD 2023-600)