| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) prohibits a former board member's spouse, Zabina Pitre, from bidding on a contract with the Denham Springs Parks and Recreation District #3. |
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Blaine Pitre, a Denham Springs Parks and Recreation Board member, resigned in December 2024. He no longer serves on the Board. Before his appointment, his wife bid on and won the bid to run concessions for his former agency, the Parks and Recreation District 3. She stopped when he was appointed to the Board. Now that he has resigned, she desires to bid on the contract for concessions again. The former Board member stated that he will not assist his wife in any way with the concessions contract if she were to be the lowest bidder and be awarded the contract.
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La. R.S. 42:1121A(1) No former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
(2) No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
B.(1) General rule for other public employees. No former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
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(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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