2023-981 - Laserfiche WebLink

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. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. La. R.S. 42:1102(8) 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. ANALYSIS Mr. Tarver, as an elected member of the School Board, is a public servant pursuant to La. R.S. 42:1102(19). The School Board is his agency,pursuant to La. R.S. 42:1102(2)(a). La. R.S. 42:1113A provides that public servants, and entities in which they own a controlling interest, or prohibited from entering into transactions under the supervision or jurisdiction of their agency. As Mr. Tarver and his family own more than 25% of LAA,he owns a controlling interest in LAA pursuant to La. R.S. 42:1102(8). Any field trip by a school under the governance of the School Board would be a transaction under the supervision or jurisdiction of the School Board. However, La. R.S. 42:1123(30) provides an exception, allowing public servants or entities in which they have a controlling interest,to donate services to their agency.Accordingly,LAA would be permitted to donate its services to the School Board or schools within its jurisdiction. The advertising or acknowledgement by the School Board of any donation by LAA does not fall under the exception provided for by La. R.S. 1123(30). Accordingly, the School Board and any schools within its jurisdiction would be prohibited from advertising or acknowledging any donations by LAA. CONCLUSION Based on the facts presented,the Board concluded, and instructed me to inform you,that (1) LAA may donate services to students and schools within the School Board's jurisdiction and (2) the School Board and any schools within its jurisdiction are prohibited from advertising or acknowledging any donations. Changes to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Louisiana 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, LOUIS A BOARD OF ETHICS Charles E. Reeves, Jr. For the Board Page 2 of 2 (BD 2023-981)