| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits Bart Himel's continued employment with Baton Rouge Water Company while it has a contractual, financial, or business relationship with the Ascension Parish School Board if he is elected and serves as a member of the Ascension Parish School Board. |
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Bart Himel is considering running as a candidate for Ascension Parish School Board, District 6, Seat B, in the November 3, 2026 election. The Ascension Parish School Board purchases water from Baton Rouge Water Company. Mr. Himel has been employed with Baton Rouge Water Company since 2009. He is currently employed as a foreman in the Water Quality Department. He is a wage-earning salaried employee. He does not receive any commission or compensation for sales or contracts, and he does not own any shares or interest in Baton Rouge Water Company. He is not an officer, director, trustee, or partner of Baton Rouge Water Company. Mr. Himel's salary is not affected in any way by the contractual, business, or financial relationship between the Ascension Parish School Board and Baton Rouge Water Company. Also, Baton Rouge Water Company is the sole provider/source of water for almost the entire Parish of Ascension.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1111C(6): Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, a member of a school board or parish or municipal governing authority may continue employment with a person who has or is seeking a contractual or other business or financial relationship with his governmental entity or an agency under the jurisdiction or supervision of his governmental entity provided all of the following conditions are met: (a) The member is a salaried or wage-earning employee of his employer. (b) The compensation of the member is substantially unaffected by his employer's contractual or other business or financial relationship with his governmental entity or other agency under the jurisdiction or supervision of his governmental entity. (c) The member is not an officer, director, trustee, or partner of his employer. (d) The member does not own an interest which exceeds one percent of the legal entity which employs him. (e) The member does not participate in any transaction with his governmental entity or agency under the jurisdiction or supervision of his governmental entity, including recusing himself from any vote, and involving his employer. (f) The member complies with the disclosure requirements in R.S. 42:1114.
La. R.S. 42:1114A: Other than a legislator, each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose the following: (1) The amount of income or value of any thing of economic value derived; (2) The nature of the business activity; (3) Name and address, and relationship to the public servant, if applicable; and (4) The name and business address of the legal entity, if applicable.
La. R.S. 42:1102(2)(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(11) 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. 42:1102(15) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(18) defines "public servant" to mean a public employee or an elected official.
La. R.S. 42:1102(23) defines "service" to mean the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property.
La. R.S. 42:1102(25)(a) defines "thing of economic value" to mean money or any other thing having economic value.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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