2025-772 - Laserfiche WebLink

La.R.S.42:1115A(1)prohibits a public servant from soliciting or accepting,directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency. La.R.S.42:1111C(5)(a) states that notwithstanding the provisions of provides an exception(2)(d) of this Subsection, the spouse of a public servant may continue employment with a person who has or is seeking a contractual or other business or financial relationship with the public servant's agency provided that the following conditions are met: (i)The spouse is a salaried or wage-earning employee and has been continuously employed by the person for at least one year prior to the date the compensated employment would have otherwise initially been prohibited. (ii) The compensation of the spouse is substantially unaffected by a contractual or other business or financial relationship with the public servant's agency. (iii) Neither the public servant nor the spouse is an owner, officer, director, trustee, or partner in the legal entity which has or is seeking to have the relationship with the public servant's agency. (iv) The public servant recuses or disqualifies himself from participating in any transaction involving the spouse's employer in accordance with R.S. 42:1112 and related rules and regulations. (v) Either prior to or within ten business days of the date the compensated employment would otherwise be prohibited,the spouse and the public servant jointly file with the Board of Ethics a written notice containing a brief description of the nature of the contractual, business, or financial relationship with the public servant's agency, the date the spouse was employed by the person, and any other information required by the board. (vi)The spouse complies with the disclosure requirements in R.S. 42:1114. 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 ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. 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, his spouse, and the parents of his spouse. 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(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 Page 2 of 4 (BD 2025-772)