| Advisory Opinion Request from Jerald N. Jones, on behalf of Kimberly Peters, as to whether the Code of Governmental Ethics prohibits Ms. Peters' company from contracting with Louisiana State University while she is employed as an instructor. |
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Ms. Peters serves as a part-time instructor for the Department of Accounting (the "Accounting Department") at Louisiana State University ("LSU").
Ms. Peters is the sole owner of DD V2, LLC ("the Company"). The Company is in the business of providing and installing blinds and roller shades for commercial buildings, and has provided such services for LSU in the past.
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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. 42:1102(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(7) 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(17)(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(18) 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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