| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits an employee of Eat Baton Rouge City Parish from the purchase of adjudicated property in East Baton Rouge Parish. |
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Girlie Anderson is currently employed as the Interim WIOA Chief Administrator for WIOA/EmployBR under the Office of the Mayor-President for the City of Baton Rouge-Parish of East Baton Rouge ("City-Parish"). In this role, Ms. Anderson oversees federally funded workforce development programs under the Workforce Innovation and Opportunity Act ("WIOA"). She stated that her duties do not involve property adjudication or the sale of adjudicated property. She asks whether her position within the Office of the Mayor-President prohibits her from purchasing adjudicated property through the standard public process.
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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.
La. R.S. 42:1102(2)(a) 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: (vi) For public servants of political subdivisions, it shall 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(17)(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(18) defines "public servant" to mean a public employee or an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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