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La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, <br /> commission, board, committee, or other organizational unit of a governmental entity. <br /> La. R.S. 42:1102(2)(a)(vi) For public servants of political subdivisions, it shall mean the agency <br /> in which the public servant serves, except that for members of any governing authority and for the <br /> elected or appointed chief executive of a governmental entity, it shall mean the governmental <br /> entity. Public servants of political subdivisions shall include, but shall not be limited to, elected <br /> officials and public employees of municipalities,parishes,and other political subdivisions; sheriffs <br /> and their employees; district attorneys and their employees; coroners and their employees; and <br /> clerks of court and their employees. <br /> La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean <br /> his children,the spouses of his children,his brothers and their spouses,his sisters and their spouses, <br /> his parents, his spouse, and the parents of his spouse.. <br /> La. R.S. 42:1102 (18)(a) defines"public employee" to mean anyone, whether compensated or <br /> not,who is: <br /> (i)An administrative officer or official of a governmental entity who is not filling an elective <br /> office. <br /> (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity <br /> or an agency thereof, either as a member of an agency, or as an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> (iv)Under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. <br /> ANALYSIS <br /> Employees of the Morehouse Parish Sheriff's Office are public servants pursuant to La. R.S. <br /> 42:1102(18)&La. R.S. 42:1102(19). For purposes of the Code,the agency of a Morehouse Parish <br /> Sheriff's Office employee is the department, office, division, agency, or other organizational unit <br /> in which the employee serves. The employees' immediate family members are those as set forth <br /> in La. R.S. 42:1102(13). <br /> The surplused items are prepared for auction by the Morehouse Parish Sheriff's Office Civil <br /> Division and the sale of such items is completed by the Civil Division. La. R.S. 42:1113A(1)(a) <br /> prohibits the employees of the Civil Division and the employees' immediate family members from <br /> bidding on or entering into any contract or other transaction that is under the supervision or <br /> jurisdiction of the Civil Division. Therefore, since the auction of surplused items is under the <br /> supervision or jurisdiction of the Civil Division even though conducted by GovDeals.com, <br /> employees of the Civil Division and their immediate family members are prohibited from bidding <br /> on or purchasing surplus itemsof the Morehouse Parish sheriff's Office. <br /> Page 2 of 3 (BD 2024193) <br />