2025-327 - Laserfiche WebLink

La.R.S.42:1 l 14 provides that each public servant and each member of his immediate family who derives anything of economic value,directly,through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114. La.R.S. 42:1:102(2)(a)(vi)defines"agency"to mean,for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.Public servants of political subdivisions shall include,but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees. 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 mean his children,the spouses of his children,his brothers and their spouses,his sisters and their spouses, his parents, hi> spouse, and the parents of his spouse. La. R.S.42:1:102(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 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. ILS. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As a School Board employee, you are a public employee pursuant to La. R.S. 42:1102(18)(x) and a public servant pursuant to La. R.S. 42:1102(19). Your agency is the School Board, pursuant to La. R.S. 42:1102(2)(a)(vi). La. R.S. 42:1113A prohibits public servants, their immediate family members and companies in which they or their immediate family members own a controlling interest from entering into transactions with their agency. As your father does not own a controlling interest in the Company, the Company is not prohibited from entering into the Subject Contract with the School Board. La. R.S. 42:1112B(1) prohibits public servant from participating in a transaction involving his agency in which, to his actual knowledge, any member of his immediate family has a substantial economic interest. As Phillip Martin will not provide any services or receive any compensation related to the Subject Contract, he would not have substantial economic interest in the Subject Page 2 of 3 (BD 2025-327)