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CN 1993-225 (2)
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CN 1993-225 (2)
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Last modified
9/30/2011 2:00:34 PM
Creation date
7/27/2010 2:04:12 PM
Metadata
CN 1993-225 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
CN 1993-225
Parties Involved
George Dyer
Agency at Issue
Fire Apparatus Specialties, Inc.
Decision Date
7/27/1995
Law
1111C(2)(d)
1112
1117
Caption
Assistant Fire Chief of a fire district violated the code by selling fire equipment to the fire district.
Ethics Subject Matters
Prohibited Sources
Outside Employment
Participation
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Ethics Commission <br /> Opinion No. 93 -225 <br /> Page 5 <br /> • the application of the Code of Governmental Ethics for the <br /> following reasons: <br /> A. TDVFD was formed and provided fire protection <br /> services prior to the formation of Fire <br /> Protection District No. 3 and to the execution of <br /> a contract with Fire Protection District No. 3. <br /> TDVFD was thereafter incorporated for the sole <br /> purpose of providing fire protection and related <br /> services and equipment to the public within the <br /> 3rd Fire Protection District of Jefferson Parish. <br /> B. Any TDVFD assets acquired or constructed from <br /> the proceeds of the parish or from any public <br /> funds, other than contract consideration, <br /> constitute property of the parish. <br /> C. TDVFD acquisitions of depreciable equipment <br /> that are made with public funds must be made in <br /> the name of the district as opposed to TDVFD. <br /> D. The expenditure by TDVFD of any public funds <br /> must be only for the purpose of providing fire <br /> • protection services. <br /> E. TDVFD must submit to the Finance Director of <br /> the Parish of Jefferson on an annual basis a <br /> financial statement showing the disbursements of <br /> its public funds. Other contractors provided <br /> similar financial statements. <br /> F. TDVFD must submit a report to the parish for <br /> each year in advance when significant increases <br /> are anticipated. <br /> G. For its part, the parish must pay over to <br /> TDVFD an amount of money representing 100% of the <br /> net proceeds of the present millage excluding <br /> only millage monies collected for capital <br /> improvements levied annually on the assessed <br /> evaluation of property in the fire protection <br /> district and must also surrender to TDVFD any and <br /> all allotments of funds, equipment and services <br /> which are presently being provided by the parish. <br /> H. In the event TDVFD is unable to pay its <br /> compensated employees, those compensated <br /> employees will be "blanketed in as employees of <br /> the parish under the current job titles..." <br /> I. TDVFD's contract with the parish defines <br /> "public funds" as follows: Public Funds is <br /> intended to mean monies from bond issues levied <br /> V <br />
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