| Advisory opinion request from the St. Tammany Recreation District #4 (District) regarding whether they are prohibited by the Code of Governmental Ethics ("Code") from entering into transactions with board member Jimmy Laurent's daughter. |
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Jimmy Laurent currently serves as a board member and chairman of the St. Tammany Recreation District #4. Mr. Laurent's daughter teaches exercise classes. The administrator of the recreation board asked, if the Code prohibits the recreation district from paying Chairman Laurent's daughter to lead free exercise classes for the public or does the Code prohibit them from renting the gym to Chairman Laurent's daughter for the same fee as anyone else and then she would charge participants.
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La. R.S. 42:1113B Other than a legislator, no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42: 1123(44) A governing authority member or public employee of a political subdivision that operates parks or recreational facilities or an immediate family member of such a person from renting a park or recreation facility under the supervision or jurisdiction of the political subdivision for an event provided that the transaction is conducted without preference and in the same manner and subject to the same fees and conditions applicable to the general public.
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) "Public employee" means anyone, 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.
La. R.S. 42:1102(19) "Public servant" means a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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