| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") would
prohibit your participation as a member of the State Civil Board in
transactions involving the Department of Transportation and Development,
Engineering Division while you are employed with the Engineering Division. |
|
|
Codi Neyland was recently elected by the
State's classified workforce as the employee representative on the State Civil
Service Commission. She is currently an
employee with the Engineering Division with the Department of Transportation
and Development. In connection with her
service on the State Civil Commission, she has presented three questions in
regard to her participation in transactions involving state employees.
|
|
La.
R.S. 42:1112A provides that no public servant shall participate in
a transaction involving the governmental entity in which he reasonably knows he has a substantial economic interest.
La. R.S. 42:1120.4
provides
an exception for appointed members of a board or commission to recuse
themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and
debate the matter.
La.
R.S. 42:1102(2)(a)(i) defines "agency" for public servants in the 20 executive branch departments of state government shall mean the office in which they care out their primary responsibilities . . ., except that in the case of public servants who are members or employees of a board or commission . . . , it shall mean the board or commission.
La. R.S. 42:1102(12)
"Governmental entity" means 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. 42:1102(21) defines "substantial economic interest" as an
economic interest which is of greater benefit to the public servant or other
person than to a general class or group of persons, except: (a) the interest
that the public servant has in his position, office, rank, salary, per diem, or
other matter arising solely from his public employment or office; (b) the that
an elected official who is elected to a house, body, or authority has in a
position or office of such house, body, or authority which is required to be filled
by a member of such house, body, or authority by law, legislative rule, or home
rule charter, (c) the interest that a person has as a member of the general
public.
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.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|