§ 23-84. Definitions.

Unless the context clearly indicates otherwise, the following words and terms when used in this article shall have the respective meanings:

Action of a governmental entity means any action on the part of the parish or agency thereof, including, but not limited to:

(1)

Any decision, determination, finding, ruling or order, including the judgment or verdict of a court or quasi-judicial board, in which the parish or any of its agencies has an interest, except in such matters involving criminal prosecutions;

(2)

Any grant, payment, award, license, contract, transaction, decision, sanction or approval, or the denial thereof, or the failure to act with respect thereto, in which the parish or any of its agencies has an interest, except in matters involving criminal prosecutions;

(3)

As the term relates to an employee or elected official of the parish, any disposition of any matter by the parish council or any committee thereof.

Agency means any department, division, office, agency, authority, commission, board, committee or other instrumentality of the parish.

Agency head means the executive or administrative officer of any agency.

Assist means to act in such a way as to help, aid, advise, furnish information to or otherwise provide assistance to a person, believing that such action is of help, aid, advice or assistance to such person, with the intent to assist such person.

Board, ethics board, or ethics body means the Jefferson Parish entity responsible for enforcing ethical standards established by ordinance, or rule regulating the conduct of public servants in Jefferson Parish government.

Compensation means any thing of economic value which is paid, loaned, granted, given, donated or transferred or to be paid, loaned, granted, given, donated or transferred for or in consideration of personal services to any person, and;

(1)

As the term relates to a public employee, to another public employee of the parish or to the parish; and

(2)

As the term relates to an elected official, to another elected official of the parish or to the parish.

Elected official means any person holding an office in a parish which is filled by the vote of the appropriate electorate, It shall also include any person appointed to fill a vacancy in such offices.

Immediate family as the term relates to any agency head or other public employees having the authority to appoint a person to public employment, means such agency head's children, brothers, sisters, parents, spouse and the parents of his or her spouse.

Participate means to take part in or to have or share responsibility for an action of the parish or a proceeding, personally, as a public employee or an elected official of the parish, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or the failure to act or perform a duty.

Person as that term relates to a public employee or elected official means, in the case of a public employee, an individual or legal entity other than an agency or public employee of the parish, or in the case of an elected official of the parish, whether or not the legal entity is operated for profit.

Public employee means anyone, whether compensated or not, who is:

(1)

An administrative officer or official of the parish who is not filling an elective office;

(2)

Appointed by an elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the parish or an agency thereof, either as a member of an agency, or as an employee thereof;

(3)

Engaged in the performance of a parish governmental function; or

(4)

Under the supervision or authority of an elected official or another employee of the parish.

A public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced.

Responsibility in connection with a transaction involving the parish means the direct administration or operating authority, whether intermediate or final, and exercisable either alone or with others, and either personally or through or with others or subordinates, to effectively direct action of the parish, as the case may be, in respect to such transaction.

Substantial economic interest means an economic interest which is of greater benefit to the public employee, elected official or person than to a general class or group of persons, except:

(1)

The interest that the public employee or elected official has in his position, office, rank, salary, per diem or other matter arising solely from his public employment or office; and

(2)

The interest that a person has as a member of the general public.

Supervisory position means any position of public employment the duties of which include the making of determinations to expend public funds or the directing of official activities, actions or duties of other public employees.

Thing of economic value means any money or other thing having economic value except food, drink or refreshments consumed by a public employee or by an elected official including reasonable transportation and entertainment incident thereto, while the personal guest of some person, and includes:

(1)

Any loan, except a bona fide loan made by a duly licensed bank or savings and loan association at the normal rate of interest, any property interest, interest in a contract, merchandise, service and any employment or other arrangement involving a right to compensation;

(2)

Any option to obtain a thing of economic value, irrespective of the conditions to the exercise of such option;

(3)

Any promise or undertaking for the present or future delivery or procurement of a thing of economic value.

In the case of an option, promise or undertaking, the time of receipt of the thing of economic value shall be deemed to be, respectively, the time the right to the option becomes fixed, regardless of the conditions to its exercise, and the time when the promise or undertaking is made, regardless of the conditions to its performance.

Transaction involving the parish means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case or other such particular matter which the public employee, former public employee or elected official of the parish in question knows or should know:

(1)

Is, or will be, the subject of action by the parish;

(2)

Is one to which the parish is or will be a party; or

(3)

Is one in which the parish has a direct interest.

(Code 1961, § 13-41; Ord. No. 24011, § 4, 5-11-11)

Cross reference

Definitions and rules of construction generally, 1-2.