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Last modified
7/12/2021 11:18:39 AM
Creation date
11/21/2016 2:13:39 PM
Metadata
2016-1016
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1016
Requesting Party
Roderick G. Bertrand
Parties Involved
Mike Smith Construction
West Allen Parish Water District
Benjamin Smith
Decision Date
11/18/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would prohibit Mike Smith Construction from contracting with the West Allen Parish Water District since his son is employed with the Water District.
Ethics Subject Matters
Prohibited Contracts
Public Employee - Definition
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��,,, STATE OF LOUISIANA <br /> 'oof LOVV' DEPARTMENT OF STATE CIVIL SERVICE <br /> v. LOUISIANA BOARD OF ETHICS <br /> ll, P.O.BOX 4368 <br /> I BATON ROUGE,LA 70821 <br /> 6'^ .� (225)219-5600 <br /> ' <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> November 21,2016 <br /> Mr. Roderick G. Bertrand <br /> Assistant District Attorney <br /> Thirty-Third Judicial District <br /> P.O.Box 839 <br /> Oberlin, Louisiana 70655 <br /> Re: Board Docket No.2016-1016 <br /> Dear Mr. Bertrand: <br /> The Louisiana Board of Ethics, at its November 18,2016 meeting, considered your request for an <br /> advisory opinion regarding whether the Code of Governmental Ethics would prohibit Mike Smith <br /> Construction from contracting with West Allen Parish Water District while Mike Smith's son, Benjamin <br /> Smith is employed in the Water District. You provided that the West Allen Water District recently hired <br /> Benjamin Smith as a water operator.Additionally you stated that for many years prior to Benjamin Smith's <br /> employment with the Water District, Mike Smith's Construction provided boring services to the Water <br /> District. Mike Smith's Construction was used on an as needed basis to bore under the road to make a hole <br /> to install rural water meters. Further,you provided that Benjamin Smith would not participate in who was <br /> hired to do contract work; however, as part of his job duties will be installing water meters. <br /> La.R.S.42:1113A prohibits a public servant,a member of his immediate family or a legal entity in <br /> which either owns a controlling interest,from bidding on or entering into a contract,subcontract or <br /> transaction that is under the supervision or jurisdiction of the public servant's agency. <br /> The Board concluded,and instructed me to inform you,under the facts presented,La.R.S.421113A <br /> would prohibit Mike Smith Construction from contracting with West Allen Parish Water District now that <br /> his son,Benjamin Smith is employed in the Water District. La.R.S.42:1102(13)defines"immediate family" <br /> members of a public servant to mean,the spouses of his children,his brothers and their spouses,his sisters <br /> and their spouses, his parents, his spouse, and the parents of his spouse. Therefore, Mike Smith's <br /> Construction, owned by Benjamin Smith's immediate family member may not enter into any transactions <br /> with the Water District during Benjamin Smith's employment with the Water District. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion <br /> as to past conduct or laws other than Code of Governmental Ethics. If you have any questions,please contact <br /> me at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Suzanne Quinlan Mooney <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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