| Advisory Opinion request from Lance Arnold, on behalf of Nicholls State University (the "University"), as to whether the Code of Governmental Ethics (the "Code") prohibits a University employee to enter into contracts with her department. |
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Ms. Laure Kasovich is an employee of the University and serves as a faculty member in the Mass Communications Department (the "Department")
The Colonel Media Group ("CMG") is the umbrella organization within the University for student-led media, including the student radio, television, newspaper, and yearbook. CMG operates under the advisement of the Department. Ms. Kasovich is not an advisor to CMG.
CMG would like to enter a professional services agreement with Ms. Kasovich for website design. CMG believes such agreement would be the most cost-efficient option, and provide Ms. Kasovich the ability to respond to issues that students or other faculty may have.
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La. R.S. 42:1113A provides that 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)(vi) defines "agency" to mean, 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 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 an elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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