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Last modified
7/12/2021 3:06:50 PM
Creation date
7/25/2011 3:52:57 PM
Metadata
2011-461
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2011-461
Requesting Party
Mr. Curt E. Bowers
Parties Involved
Mr. Curt E. Bowers
Agency at Issue
Jefferson Davis Parish Mosquito Abatement Distric No. 1
Decision Date
4/15/2011
Law
1113A
1113B
Caption
Advisory opinion regarding who is prohibited from bidding on the sale fo district surplus property and equipment of Jefferson Davis Parish Abatement District No.1
Ethics Subject Matters
Prohibited Transactions
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STATE OF LOUISIANA <br /> Si: <br /> L,,,,, DEPARTMENT OF STATE CIVIL SERVICE <br /> �P`;^ 1'y=_ LOUISIANA BOARD OF ETHICS <br /> i ' III ` i.,I P.O. BOX 4368 <br /> rl,f,.� �` BATON ROUGE,LA 70821 <br /> ...----••.,”::::000'. <br /> °"R, . �` (225)219-5600 <br /> `.`~ '', FAX (225)381-7271 <br /> •I•",I,,,,'I"",, 1-800-842-6630 <br /> www.eth i c s.state.I a.us <br /> April 21, 2011 <br /> Mr. Curt E. Bowers <br /> Jefferson Davis Parish Mosquito Abatement <br /> District No. 1 <br /> 1310 Airport Road <br /> P.O. Box 917 <br /> Jennings, LA 70546 <br /> RE: Ethics Board Docket No. 2011-461 <br /> Dear Mr. Bowers: <br /> The Louisiana Board of Ethics, at its April 15, 2011 Board meeting,considered your request for an <br /> advisory opinion regarding who is prohibited from bidding on the sale of district surplus property <br /> and equipment of the Jefferson Davis Parish Mosquito Abatement District No. 1 (the District)by the <br /> provisions of the Code of Governmental Ethics. The Jefferson Davis Parish Police Jury created the <br /> District and which ;s governed by a commission consisting of five members appointed by the police <br /> • jury <br /> You stated that a list of surplus property and equipment is compiled and is submitted to the members <br /> of the Jefferson Davis Parish Mosquito Abatement Commission (Commission) for approval at a <br /> public meeting. Then legal advertisements announcing the sale are run in the parish legal journal <br /> stating that sealed bids are being accepted and that all bids will be opened and read aloud during a <br /> publicly advertised meeting of the Commission. <br /> The Board concluded, and instructed me to advise you, that the Code of Governmental Ethics <br /> prohibits the employees of the District and their immediate family members, and any legal entity in <br /> which the employee has an interest in excess of 25%from bidding on the District's surplus property. <br /> Additionally,the Code prohibits the appointed members of the Commission,their immediate family <br /> members, and any legal entity in which the commissioner has a substantial economic interest from <br /> bidding on the surplus property. Section 1113A of the Code prohibits a public servant from <br /> contracting,subcontracting or entering into a transaction that is under the supervision or jurisdiction <br /> of the public servant's agency. Section 1113B prohibits an appointed member of any board or <br /> commission, member of his immediate family,or legal entity in which he has a substantial economic <br /> interest from bidding on or entering into or from being in any way interested in any contract, <br /> subcontract,or other transaction which is under the supervision or jurisdiction of the agency of such <br /> appointed member. Since the property is under the supervision of the District, the employees and <br /> commission members of the District are prohibited from entering into the transaction of bidding on <br /> the surplus property. <br /> Ill <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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