2025-374 - Laserfiche WebLink

La. R.S. 42:1102(12) defines "governmental entity"to mean the state or any political subdivision which einploys the public employee or einployed the former public einployee or to which the elected official is elected, as the case may be. La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding,personally, as a public servant of the goveriuileiltal entity; through approval, disapproval, decision, recoinrnendation, the rendering of advice, investigation, or the failule to act or perform a duty. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a govermnental entity, or an agency thereof. La. R.S. 42:1102(18)(a) defines"public einployee"to mean any person, whether compensated or not who is: (i) an adminishative o�cer 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 tlle appointee is to serve the governmental entity or an agency thereof,either as a meinber of an agency,or as an employee thereof; (iii) engaged in the perforinance of a governmental function; (iv)under the supervision or authority of asl elected official or another employee of the goverrunental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or 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. La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or for�ner public serva.nt of tl�e govei7unental entity in question knows or should know: (a) Is, or will be,the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in v��hich the governmental entity has a direct interest. ANALYSIS and CONCLUSION As an employee of LHC, you are a public einployee 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, SMILE is a person pursuant to La. R.S. 42:1102(16). Generally, La. R.S. 42:1112B(3) prohibits you, in your capacity as a public servant, from participating in a transaction involving LHC in which any legal entity of which you are an officer, director, trustee, parhler, or employee has a substantial economic interest. However, La. R.S. 42:1123(1)provides an exception that permits your participation in the affairs of SMILE since you do not receive cornpensation for your service oil the Board of Directors. As such, you are not prohibited fi•om participating in matters involving LHC in which SMILE has a substantial economic interest. Page 2 of 3 (BD 2025-374)