| Advisory Opinion Request from Tricia Galjour, on behalf of the Veterans Memorial District Board Ward 10 (the "Memorial District") as to whether the Code of Governmental Ethics (the "Code") prohibits a member of the Memorial District from receiving compensation from a public entity who has a financial relationship with the Memorial District. |
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John Garner was appointed as a member of the Memorial District Board on August 27, 2024. His current term expires on August 26, 2027.
Mr. Garner would like to be compensated by Lafourche Ambulance District #1 (the "Ambulance District") while he serves as a member of the Memorial District board.
The Ambulance District is a public entity that has a financial relationship with the Memorial District.
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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 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; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1111C(6) provides that, notwithstanding the provisions of La. R.S. 42:1111C(2)(d), 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 that certain conditions are met.
La. R.S. 42:1102(2)(a) defines "agency," for public servants of political subdivisions, it shall mean the agency in which the public servant serves.
La. R.S. 42:1102(11) defines "governmental entity" to mean means 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(17) 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 proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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