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Last modified
7/12/2021 11:13:22 AM
Creation date
3/22/2016 9:27:52 AM
Metadata
2013-686
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2013-686
Parties Involved
Melvin Alfred, Sr.
Eddie B. Alfred, Sr.
Village of Fenton
Jefferson Davis Parish
Melvin Alfred, Sr. Construction
Decision Date
3/18/2016
Law
42:1113A
Caption
Consent order in which Melvin Alfred, Sr., d/b/a Melvin Alfred, Sr. Construction, agrees that he violated La. R.S. 42:1113A by virtue of submitting a bid, and entering into a contract with the Village of Fenton, for the construction of a heliport, at a time when his brother, Eddie Alfred, Sr., served as an Alderman for the Village of Fenton.
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II. APPLICABLE LAW: <br /> 7. <br /> La. R.S. 42:1113A provides that no public servant, member his immediate family or legal <br /> entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or <br /> other transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> 8. <br /> La. R.S. 42:1102(2)(a) defines "Agency" as a department, office, division, agency, <br /> commission, board, committee, or other organizational unit of a governmental entity. <br /> 9. <br /> La.R.S.42:1102(18)defines"Public employee"as anyone,whether compensated or not,who <br /> is: <br /> (a) An administrative officer or official of a governmental entity who is not <br /> filling an elective office. <br /> • <br /> (b) Appointed by any elected official when acting in an official capacity,and the <br /> appointment is to a post or position wherein the appointee is to serve the <br /> governmental entity or an agency thereof, either as a member of an agency, <br /> or as an employee thereof <br /> (c) Engaged in the performance of a governmental function. <br /> (d) Under the supervision or authority of an elected official or another employee <br /> of the governmental entity. <br /> A public employee shall be in such status on days on which he performs no services as well <br /> as days on which he performs services. The termination of any particular term of employment of a <br /> public employee shall take effect on the day the termination is clearly evidenced. <br /> 10. <br /> La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" as any <br /> proceeding, application, submission, request for a ruling or other determination, contract, claim, <br /> case, or other such particular matter which the public servant or former public servant of the <br /> governmental entity in question knows or should know: <br /> (a) Is, or will be, the subject of action by the governmental entity. <br /> Page 2 of 6 <br />
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