| Advisory Opinion Request from Gramercy Police Department (the "GPD"), as to whether the Code of Governmental Ethics (the "Code") permits GPD employees to receive certain benefits approved by the Board of Aldermen of the Town of Gramercy (the "Town"). |
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The Town owns and operates a public park with a pavilion that is available for rental to the public. Such rental involves the payment of a rental fee. The Board of Aldermen of the Town is considering a proposal (the "Proposed Ordinance") to allow Town employees to receive a waiver of those rental fees.
The current Chief of the GPD is Dustin Jenkins, who was elected on November 5, 2024. GPD employees receive their paychecks from the Town. However, hiring, firing and other personnel decisions regarding GPD employees is strictly the purview of Chief Jenkins, not Town officials.
GPD believes that the Town will extend the benefit of the Proposed Ordinance to GPD employees.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
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.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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