2025-641 - Laserfiche WebLink

(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. 42:1102(19) defines "public servant" means a public employee or an elected official. 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. "Agency of the public servant"and"his agency"when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government,the office in which such public servant carries out his primary responsibilities. 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 which the elected official is elected, as the case may be. La. R.S. 42:1102(17) defines "political subdivision" to mean any unit of local government, including a special district, authorized by law to perform governmental functions. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency. La. R.S. 42:1112B(1) states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest. La.R.S.42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code. ANALYSIS Captain Terrance T. Davis Sr. is a public employee pursuant to La. R.S. 42:1102(18)(a)(iv) and a public servant pursuant to La. R.S. 42:1102(19). The agency of Mr. Davis Sr. is Station 19 of the SFD in accordance with La. R.S. 42:1102(2)(a)(i). Mr. Davis Sr. is not an agency head of Station 19 pursuant to La. R.S. 42:1102(3). Therefore, La. R.S. 42:1119A does not prohibit his son, Terrance Davis Jr., from transferring from Station 14 of SFD to Station 19 of SFD. However, La. R.S. 42:1112B(1) prohibits Mr. Davis Sr. from participating in any transaction in which his immediate family member,Terrance Davis Jr.,may have a substantial economic interest. Mr. Davis Sr. shares responsibility for investigating complaints filed against paramedics assigned to his station.Therefore,in accordance with La.R.S.42:1112C,if his son is assigned to his station, Page 2 of 3 (BD 2025-629)