| Advisory opinion request as to whether the Code of Governmental Ethics ("Code") prohibits Misty Wallace Saunders from selling snowballs to the public at Northwood High School while her mother serves as a bookkeeper for Northwood High School. |
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Ms. Saunders provided that her mother is employed within the Caddo Parish School System at Northwood High School as a bookkeeper. Ms. Saunders has a business selling ice cream and snow cones. She wants to know if she can sell ice cream and snow cones at Northwood High School to the public during freshman orientation and other similar events.
Ms. Saunders stated that Northwood High School allows any vendor to set up shop during certain events. She would not be required to sign anything with the High School. There would be no contracts or permits. She would be selling to the students and parents of Northwood High School during the events. She would not be selling anything to the High School, and she would not be getting any payment from the High School.
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La. R.S. 42:1113A(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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" for public servants of political subdivisions to 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(13) "Immediate family" as the term relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, 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" means a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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