R.S. 42:1113 prohibits a public employee, their immediate family (which includes spouse), or any legal entity they and their immediate family own more than a combined 25% interest from engaging in transactions (including contracts) with the public employee’s agency. “Agency”, which is defined in R.S. 42:1102, requires a fact specific determination which must be made by the Board of Ethics.

Here, if the Board of Ethics determines that the public employee’s agency is the entire District (rather than a specific department), their spouse would be prohibited from contracting with the District to provide the paid lawn services.

The District should seek an advisory opinion from the Board of Ethics, providing all of the facts and details, prior to taking any steps to contract with the employee’s spouse.