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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 6 <br /> for any reason whatsoever for the specific <br /> purpose of improving the FIRE PROTECTION DISTRICT <br /> NO. 3 and used in connection with the COMPANY; <br /> any lump sum state or federal grants obtained for <br /> capital improvements for major equipment, land <br /> and buildings; however public funds does include <br /> hose allotments, chauffeur payments, and any <br /> other supplemental payments or benefits now <br /> received by the Company from any governmental <br /> source at the time of the signing of this <br /> contract or may be granted in the future. <br /> J. TDVFD's contract with the parish states: <br /> Contract Consideration means millage and State <br /> Revenue Sharing money as levied, received, and <br /> collected for the FIRE PROTECTION DISTRICT NO. 3, <br /> but shall not include base allotments, chauffeur <br /> payments, and other supplemental payments or <br /> benefits now received by the Department from any <br /> governmental source at the time of the signing <br /> this contract. <br /> K. If any such TDVFD "public funds" are used in <br /> the anticipated construction of a facility, then <br /> • the site selection shall be made by the parish <br /> council as opposed to the district. <br /> L. The Department of Emergency Management makes <br /> recommendations to TDVFD which must be followed <br /> unless viewed as unreasonable and, even then, the <br /> only remedy available to the TDVFD is to appeal <br /> to the parish council. <br /> M. TDVFD purchases and renovations made with <br /> public funds require compliance with the public <br /> bid law. <br /> N. Of the TDVFD's 1994 budget of $893,977 all <br /> but approximately $400 was from various public <br /> sources. <br /> O. Corporations (such as TDVFD) that enter into <br /> "mandatory fire protection service contracts" <br /> with the parish are required by ordinance and <br /> contract to: <br /> (1) allow all contractor records to be <br /> "inspect[ed] upon reasonable notice "; <br /> (2) be subjected "to an annual audit" which <br /> audit shall be "approved by the Legislative <br /> Auditor;" <br /> 410 (3) provide "annual reports to the Finance <br /> Director;" <br />
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