| Advisory opinion request regarding an Ascension Parish School Board employee's husband and his company soliciting business with the APSB to provide detailing services for APSB's maintenance vehicles. |
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Dr. Latatia Johnson is employed with the Ascension Parish School Board ("APSB") in the Special Education Department. She is the Federal Programs Supervisor, and she reports to the Director of Special Education. Her husband, Terrance Johnson, is the sole member of Johnson Management & Consulting, LLC d/b/a Kwik & Kleen Detailing Services. His company provides fleet vehicle detailing services to businesses in Ascension Parish.
Dr. Johnson asks whether her husband's company is allowed to solicit and transact business with APSB to provide detailing services for APSB's maintenance vehicles while she is an APSB employee. Dr. Johnson states that the maintenance vehicles in question are not under the supervision or jurisdiction of the Special Education Department.
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La. R.S. 42:1113A(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.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to include his spouse.
La. R.S. 42:1102 (18)(a) defines "public employee" to mean 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. (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 an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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