Agenda Item
Docket No. 23-694
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
2023-694 - AO
2023-694 - Advisory Opinion Draft -Neyland (2)