2023-995 - Laserfiche WebLink

governmental entity. La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision; and, La. R.S. 42:1102(12) defines "governmental entity" as the political subdivision to which the elected official was elected. As an elected member of the Washington Parish Council, Reginald McMasters's agency is Washington Parish pursuant to La. R.S. 42:1102(2)(a)(vi). ISSUE NO. 1: FUNDING APPLICATION You ask whether the Code prohibits the Water Corp. from applying for and receiving funding from Washington Parish, while Mr. McMasters serves as both a member of the Board of Directors and an elected member of the Washington Parish Council. La. R.S. 42:1113(A)(1)(a): No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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. 42:1102 provides the following definitions: (8) "Controlling interest" means 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. (23) "Transaction involving the governmental entity" means any proceeding, application,submission,request for a ruling or other determination,contract,claim, case, or other such particular matter which the public servant or former public servant of the governmental 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 which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. Since Reginald McMasters has no ownership interest in the Water Corp, the Water Corp is not prohibited by La. R.S. 42:1113(A)(1)(a) from entering into a contract, subcontract, or other transaction under the supervision or jurisdiction of Washington Parish, provided that Reginald McMasters is not the person who signs any documents on behalf of the Water Corp. 6 ISSUE N0.2: PARTICIPATION La. R.S. 42:1112(B)(3): No public servant,except as provided in R.S. 42:1120, shall participate in a transaction involving the govermnental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: Any person of which he is an officer, director,trustee,partner, or employee. Page 2 of 4(BD 2023-995)