2024-106 - Laserfiche WebLink

La. R.S. 42:1102(8) defines "controlling interest" to mean 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. La.R.S.42:1102(13) defines"immediate family"as the term relates to a public servant to include his spouse. La.R.S. 42:1102 (18)(a) defines"public employee" to mean anyone, whether compensated or not, who 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.- (iv)Under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. ANALYSIS As a West Feliciana Parish School Board employee, your wife is a public servant pursuant to La. R.S. 42:1102(18) & La. R.S. 42:1102(19). For purposes of the Code, your wife's agency is the Sales Tax Office of the West Feliciana Parish School Board pursuant to La. R.S. 42:1102(2)(a). As her husband, you are a member of her immediate family pursuant to La. R.S. 42:1102(13). La. R.S. 42:.1113A(1)(a) prohibits you, and any legal entity in which you own more than 25%, from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of your wife's agency,the Sales Tax Office of the West Feliciana Parish School Board. However, the 403(b) retirement plan vendors are under the supervision of the School Board's Human Resources Department,not the Sales Tax Office. Therefore,you and your company are not prohibited from being a 403(b) retirement plan vendor for the West Feliciana Parish School Board while your wife is a School Board employee in the Sales Tax Office. CONCLUSION The Louisiana Board of Ethics concluded and instructed me to inform you that the Code of Governmental Ethics does not prohibit you or your company, Young Investment Group, L.L.C., from being a 403(b)retirement plan vendor for the West Feliciana Parish School Board while your wife is employed in the School Board's Sales Tax Office. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the 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. Page 2 of 3 (BD 2024-106)