2025-145 - Laserfiche WebLink

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: (d) 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; conducts operations or activities which are regulated by the public employee's agency; or has substantial ecoomic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract, sub,-,ontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant. La. I .S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan,transfer, or deliver, directly or indirectly, to any public servant or ether person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. Lai. R.S. 4.2:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof. La. R.S. 42:1102(18)(a) defines"public employee"to mean any person,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 appDintment 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 off pial or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As 11:he Utility/Sewer Manager for the Town, Mr. Fuller is a public employee pursuant to La. R.S. 4.2:::102(18)(x) and a public servant pursuant to La. R.S. 42:1102(19). His agency is the Town's Utility/Sewer Department, pursuant to La. R.S. 42:1102(2)(a). As an elected councilman for the Village, you are also a public servant,pursuant to La. R.S. 42:1102(19). La. R.S. 42:1117 prohibits public servants from making payments to persons which they are prohibited from receiving under the Code.Accordingly,if you have any part,directly or indirectly, in t ne Village making payments to Mr. Fuller which he is prohibited from receiving under the Code, you would be in violation of La. R.S. 42:1117. As a result of that potential violation, you nave standing to inquire whether the Village may enter the Proposed Contract and make payments under the Proposed Contract. Page 2 of 3 (BD 2025-145)