| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Jenny Welch's company, Druco Lumber, to sell to the Maintenance Division of the Avoyelles Parish School Board while she is employed in the Food Service Division of the Avoyelles Parish School Board. |
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Jenny Welch currently serves as the full-time Food Service Supervisor for Avoyelles Parish School Board. She and her husband just purchased Druco Lumber. Druco Lumber has consistently sold small items to the Maintenance Department of the Avoyelles Parish School Board. Ms. Welch provided that she does not have any supervision or control over the Maintenance Division of the Avoyelles Parish School Board.
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La. R.S. 42:1113A(1)(a) prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering 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 a legal entity held be 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(19) defines "public servant" as a public employee or elected official.
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
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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