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Last modified
4/1/2024 8:42:14 AM
Creation date
7/10/2023 8:28:58 AM
Metadata
2023-312
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-312
Requesting Party
Gary Girard
Parties Involved
Eugene Jones
Agency at Issue
Bridge City Volunteer Fire Co. #1
Decision Date
7/7/2023
Law
La. R.S. 42:1113A(1)(a)
La. R.S. 42:1123(35)
Caption
Eugene Jones, a volunteer firefighter, is not prohibited from being appointed to the Bridge City Volunteer Fire Co. #1 Board of Directors.
Ethics Subject Matters
Prohibited Transactions
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La. R.S. 42:1102 provides the following definitions: <br /> (2)(a) "Agency" means a department, office, division, agency, commission, board, <br /> committee, or other organizational unit of a governmental entity. <br /> (18)(a) "Public employee" means anyone, whether compensated or not, who is: <br /> (iii) Engaged in the performance of a governmental function. <br /> (iv)Under the supervision or authority of an elected official or another employee <br /> of the governmental entity; <br /> (19) "Public servant" means a public employee or an elected official; <br /> (23) "Transaction involving the governmental entity" means any proceeding, application, <br /> submission, request for a ruling or other determination, contract, claim, case, or other <br /> such particular matter which the public servant or former public servant of the <br /> governmental entity in question knows or should know: (a) Is, or will be, the subject of <br /> action by the governmental entity. (b) Is one to which the governmental entity is or will <br /> be a party. (c) Is one in which the governmental entity has a direct interest. <br /> ANALYSIS <br /> Eugene Jones, in his capacity as a volunteer fireman of the Fire Company, is a public employee <br /> and public servant as defined by La. R.S. 42:1102(18) and (19). His agency is the Bridge City <br /> Volunteer Fire Co. #1. In general, Mr. Jones would be prohibited from entering into a transaction <br /> under the supervision or jurisdiction of his agency, which would include his appointment to a <br /> position by his agency. <br /> However, La. R.S. 42:1123(35) provides a narrow exception that allows a volunteer fireman who <br /> receives no compensation for his service as a fireman to enter into a transaction that is under the <br /> supervision or jurisdiction of his agency, provided he does not participate in his capacity as a <br /> fireman and he is not an agency head. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that as long as Eugene Jones receives no <br /> compensation for his services as a volunteer fireman,he is not prohibited from being appointed to <br /> the Bridge City Volunteer Fire Co. #1 Board of Directors. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. <br /> Page 2 of 3 (BD 2023-312) <br />
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