| Advisory Opinion request submitted by Tommy Naquin, concerning whether the Louisiana Code of Governmental Ethics ("Code") would prohibit an employee of the Town of St. Francisville ("Town") from entering into a contract with the Town for the provision of janitorial services. |
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The Town needs janitorial services. The Town is considering entering into a contract with a Town employee for janitorial services. The Town employee - Stacy Orr who is the Payroll Clerk - is currently employed on a full-time basis, performing general office work and reporting to the Town Clerk.
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La. R.S. 42:1102(2)(a)(vi) For public servants of political subdivisions, "agency" is defined as 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(12) defines "Governmental Entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed member of any board of 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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