Title 42. Public Officers and Employees

Chapter 15. Code of Governmental Ethics

Part II. Ethical Standards for Public Servants

42:1112       Participation in certain transactions involving the governmental entity

A. No public servant, except as provided in R.S. 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 R.S. 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 R.S. 42:1134(A)(1). 

D. No appointed member of any board or commission, except as otherwise provided in R.S. 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. Amended by 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.