2023-881 - Laserfiche WebLink

board or commission, to mean the board or commission. As an employee of the LMVC, your agency is the LMVC pursuant to La. R.S. 42:1102(2)(a)(i). ISSUE No. 1:LICENSE RENEWAL 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 lie 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. (13) defines "immediate family" as the term relates to a public servant to include his siblings. (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. Generally, La. R.S. 42:1113(A)(1)(a) prohibits your brother, Daniel Casey Jr., and his business, Casey Auto Sales LLC, from entering into any transactions that are under the supervision or jurisdiction of your agency,the LMVC. However, in Hill v Commission on Ethics for Public Employees, 453 So.2d 558 (La. 1984), the Louisiana Supreme Court concluded that a member of the Cosmetology Board could renew a license for a beauty shop and a license to practice cosmetology since those renewals were "routine and mechanical," in that renewals were issued in accordance with the rules and procedures of the , agency and did not otherwise require discretionary action by the Cosmetology Board. Here, the renewal of the sales finance license is granted once the licensee meets the requirements of the individual statute and does not require any discretionary action on the part of the LMVC Board or yourself as the Executive Director.As such,the renewal of the sales finance license would be"routine and mechanical." For this reason, the Board concluded, and instructed me to inform you, that the Code would not prohibit your brother from renewing his sales finance license with the LMVC while you are Page 2 of 3 (BD 2023-881)