2025-535 - Laserfiche WebLink

economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1112B(1) states that no public servant 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. 42:1113A states no public servant, or a member of such a public servant's immediate family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant. 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. La.R.S.42:1102(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(7) 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(12) 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(14) 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 governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. La. R.S. 42:1102(17)(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. R.S. 42:1102(18) defines"public servant"to mean a public employee or elected official. La. R.S. 42:1102(24) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a)the interest that the public servant has in his position, office, rank, salary, per diem, or Page 2 of 4 (BD 2025-535)