| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits the company of a former member of the St. Charles Parish Library Board from contracting with the Library Board or other governmental agencies, local businesses, and industrial plants
within St. Charles Parish. |
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Frances Harmon was a member of the St. Charles Parish Library Board ("Library Board") from May 2021 until September 2025. FFH Enterprises, L.L.C. ("FFH") is owned by Ms. Harmon and her 2 sons who manage the company, with each member having 33.3% ownership interest. FFH specializes in the testing and inspection of backflow preventers. These devices are inspected once annually in compliance with the regulations set forth by St. Charles Parish Waterworks District.
Historically, FFH has provided services to various government buildings, local businesses, and industrial plants throughout the parish. FFH submits proposals to government entities and adheres to the stipulation of accepting the lowest bid. The services provided are via contracts with the entity that owns the devices.
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La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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.
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(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(12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1121A(1) provides 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 former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that 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.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1121D prohibits a former public servant from sharing in any compensation received by another person for assistance with such former public servant is prohibited from rendering by Section 1121.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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