| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits Kelly Thompson and Deep South Stock Horse Show Association from entering into a transaction with the Louisiana Equine Promotion
and Research Advisory Board while she is employed with the Food Quality Services Division at the Louisiana Department of Agriculture and Forestry. |
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Ms. Kelly Thompson works in
the Food Quality Services Division ("FQS") within the Animal Health and Food
Safety Department at the Louisiana Department of
Agriculture and Forestry. Her role is Program Manager for the Produce
Safety Program.
The Louisiana Equine Promotion
and Research Advisory Board ("LEPRB") was created by La. R.S. 3:2074 within the Department
of Agriculture and Forestry. The purpose
is to advise the Commissioner on the development and maintenance of the
Louisiana Equine Promotion and Research Program. The Commissioner is authorized to expend
funds on behalf of the Program. The LEPRB is another division within the Animal
Health and Food Safety Department, but does not fall within the Food Quality
Services Division.
Ms. Thompson is also President of
a 501(c)5 non-profit entity, Deep South Stock Horse Show Association (hereinafter
referred to as "Deep South"). The purpose of Deep South is to provide
information and support for members of the community that have an interest in showing
horses. Deep South also offers riding classes and scholastic scholarships for
members of the association. She has no ownership in Deep South and receive no
compensation for, or in consideration of her services of or her membership to,
this association.
She has submitted a
grant application, on behalf of Deep South, to LEPRB requesting $6,000.00 in
funds in order to improve the equipment used to host shows and to afford more
and higher quality awards given during competitions that Deep South hosts. Additionally,
these funds would allow Deep South to provide an increased amount of
scholarships they award to other members.
She would like to know
whether it is permissible for Deep South to accept a grant provided by LEPRB
while she is employed at the Louisiana Department of Agriculture and Forestry.
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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)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1113A(1)(a) states 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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