Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
��,,, 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 />