2025-347 - Laserfiche WebLink

La. R.S. 42:1102(18)(a) defines"public employee" to mean anyone,whether coinpensated or not, who is: (i) An administrative officer or o�cial 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 goverrllnental function. (iv) Under the supervision or authority of an elected official or anotller employee of the governmental entity. (b) However, "public employee" shall not mean a person whose public service is limited to the following: (i) Periodic duty in the National Guard pursuant to 32 U.S.C. 502. (ii) A contract to provide attest services as a certified public accountant. (iii) Volunteering as described in R.S. 29:735.3.1(A). ANALYSIS AND CONCLUSION La. R.S. 42:1102(18)(a) provides the definition of a "public employee" for purposes of the Code. However, La. R.S.42:1102(18)(b)(i) specifically states "public employee" shall not mean a person whose public service is limited to periodic duty in the National Guard pursuant to 32 U.S.C. 502. Here, since your public service is intermittent and limited to periodic duty as a Major and Operations Officer for the 527th Engineer Battalion for the Louisiana Army National Guard, you are not considered a "public employee"who is subject to the Code. Therefore, the Board concluded and instructed me to inform you that the Code does not prohibit you or your company from bidding on or entering into any contract, subcontract, or otller transaction that is under the supervision or jurisdiction of the LMD, GOHSEP, or any other state agency. 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 and or 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. If you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. Sincerely, LOUISIANA BOARD OF ETHICS C�e�'�%��GO�,� essica T. Meiners For the Board Page 2 of 2 (BD 2025-347)