Louisiana Revised Statutes 42:1112 – Participation in certain transactions involving the governmental entity
Terms Used In Louisiana Revised Statutes 42:1112
- Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:1102
- Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
- Contract: A legal written agreement that becomes binding when signed.
- Governmental entity: 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. See Louisiana Revised Statutes 42:1102
- Participate: means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. See Louisiana Revised Statutes 42:1102
- Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
- Public employee: means anyone, whether compensated or not, who is:
(i) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:1102
- Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:1102
- Substantial economic interest: means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except:
(a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office. See Louisiana Revised Statutes 42:1102
- Thing of economic value: means money or any other thing having economic value, except promotional items having no substantial resale value; pharmaceutical samples, medical devices, medical foods, and infant formulas in compliance with the Food, Drug, and Cosmetic Act, Louisiana Revised Statutes 42:1102
- Transaction involving the governmental entity: means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity. See Louisiana Revised Statutes 42:1102
- Trustee: A person or institution holding and administering property in trust.
A. No public servant, except as provided in La. Rev. Stat. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
B. No public servant, except as provided in La. Rev. Stat. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his immediate family.
(2) Any person in which he has a substantial economic interest of which he may reasonably be expected to know.
(3) Any person of which he is an officer, director, trustee, partner, or employee.
(4) Any person with whom he is negotiating or has an arrangement concerning prospective employment.
(5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to La. Rev. Stat. 42:1134(A)(1).
D. No appointed member of any board or commission, except as otherwise provided in La. Rev. Stat. 42:1120.4, shall participate or be interested in any transaction involving the agency when a violation of this Part would result.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 697, §1; Acts 1985, No. 426, §2; Acts 1987, No. 370, §1; Acts 2006, No. 798, §1, eff. June 30, 2006; Acts 2008, No. 685, §1; Acts 2018, No. 534, §2.