Meetings
 
Agenda Item
Docket No. 22-809
 
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RE:
Advisory Opinion from Tonya Landry, employee of Louisiana Department of Environmental Quality ("DEQ"), as to whether her father-in-law may contract with DEQ.
Facts:
Ms. Landry is currently employed by the Louisiana Department of Environmental Quality ("DEQ") in the Office of Environmental Services ("OES"). Specifically, within OES, she is in the Public Participation and Permit Support Division ("PPPSD"). PPPSD collects mail from a physical drop-box. This drop-box receives mail for the entirety of DEQ. DEQ would like to replace the drop-box, and your father-in-law, a woodworker, would like to contract with DEQ to build and provide a replacement drop-box. The requisition would be handled by the Office of Management and Finance ("OMF") within DEQ.
Law:
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(19) defines "public servant" to mean a public employee or elected official.
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 (2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
La. R.S. 42:1113A states 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.
Recommendations:
Adopt proposed draft opinion.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2022-809 - AO
2022-809 - Advisory Opinion Draft - Landry