| Advisory Opinion from Rep. Charles Owen relating to his appointment to a board of non-profit corporation. |
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Rep. Owen currently serves as a State Representative, serving the 30th Representative District.
Stephenson Technologies Corporation (the "Company"), is a Louisiana non-profit corporation. The Company is affiliated with Louisiana State University ("LSU"), and the members of the board of directors of the Company are appointed by the LSU Board of Supervisors. The Company's directors are not compensated for their service, and are responsible for oversight of the Company's affairs.
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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. 42:1113C provides no legislator, member of his immediate family, or legal entity in which he has a controlling interest shall bid on, enter into, or have a substantial economic interest in any contract, subcontract, or other transaction involving the legislator's agency.
La. R.S. 42:1102(2)(a)(iv) defines "agency" to mean the agency or house of the legislature by which a public employee is employed and the legislative branch in the case of legislators.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(9) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(14) defines "legislator" to mean any person holding office in the Senate or the House of Representatives of the Louisiana Legislature which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have or share responsibility for action of a governmental entity or a 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(19) defines "public servant" to mean a public employee or an elected official.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the interest that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter (c) the interest that a person has as a member of the general public.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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