2025-164 - Laserfiche WebLink

La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, ot• deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other 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) defines "agency" to mean a department, office, division, agency, commiasion, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof. La. R.S. 42:1102(12) defines"governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to whicll the elected official is elected, as the case may be. 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. 42:11Q2(19) defines "public servant" means a public employee or an elected official. La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employinent or office. (b) The interest that an elected official who is elected to a house, body, or authority has in a position or office of such house,body, or authorit��which is required to be filled by a member of such house, body, or authority by law, legislative rule, or hoine rule charter. (c) The interest that a person has as a member of the general public. ANALYSIS As an appointed Board member for the Fire District,Mr. Hayden is a public employee pursuant to La. R.S. 42:1102(18)(a) and a public servant pursuant to La. R.S. 42:1102(19). For purposes of the Code, his agency is the Fire District. Pursuant to La. R.S. 42:1111C(2)(d), Mr. Hayden shall not receive any thing of economic value for or in consideration of services rendered, or to be rendered, to ar for BFA, if BFA has or is Page 2 of 3 (BD 2025-164)