2023-969 - Laserfiche WebLink

• • 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. 42:1113A states that 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. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency. 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(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency 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(18)(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)(c) provides that a public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean 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. ANALYSIS As an employee of LCG, you are a.public employee pursuant to La. R.S. 42:1102(18)(a) and a public servant pursuant to La. R.S. 42:1102(19). Your agency is the Department, pursuant to La. R.S. 42:1102(2)(a). Additionally,as the director of the Department, you are considered the agency head of the Department pursuant to La. R.S. 42:1102(3). Page 2 of 3 (BD 2023-969)