| Advisory Opinion request from Jim Craft, Executive Director of the Louisiana Commission on Law Enforcement (the "Commission"), relating to potential service on a non-profit board. |
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Mr. Craft currently serves as Executive Director of the Louisiana Commission on Law Enforcement (the "Commission"). The Commission's duties involve awarding federal and state grants to various law enforcement and victim advocacy groups. As Executive Director, he does not have any role in selecting which groups receive such grants, as those decisions are made by the Commission's board of directors.
Mr. Craft has been asked to serve on the board of Community Foundation of Acadiana ("CFA"), a non-profit that supports various law enforcement agencies. In such capacity, CFA may be eligible to receive grants administered by the Commission. He would not receive any compensation for his service as a CFA board member
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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. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1123(1) provides an exception for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received..
La. R.S. 42:1102 (2)(a)(i) 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(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
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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