Louisiana Ethics Administration Program
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11/1/2011 10:46:30 AM
5/25/2010 11:07:41 AM
Employee of Civil Sheriff office bidding on property
Agency at Issue
Office of Civil Sheriff
Advisory opinion concerning the propriety of an employee of a civil sheriff's office bidding on movable and immovable property which forms the subject of a publice sale.
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• <br /> • COMMISSION ON ETHICS FOR PUBLIC EMPLOYEES <br /> DATED: November 15, 1983 <br /> FILED: November 15, 1983 ADVISORY OPINION NO. 83 -154 <br /> RE: Advisory opinion concerning the propriety of an <br /> employee of a civil sheriff's office bidding on <br /> movable and immovable property which forms the <br /> subject of a public sale. <br /> The Commission has received a request for an advisory <br /> opinion as to the propriety of the following: <br /> "A" is an employee in the Office of the Civil Sheriff <br /> for "XYZ" Parish. The Civil Sheriffs office, <br /> pursuant to law, periodically sells at public bid <br /> both movable and immovable property. "A" seeks <br /> to bid on or otherwise seeks to purchase property <br /> sold at the public sales conducted by the Civil <br /> Sheriff. <br /> • The Commission views as controlling the provisions of Section <br /> 1113 A of the Code which provides as follows: <br /> "1113. Prohibited contractual arrangements <br /> A. No public servant, excluding any <br /> legislator and any appointed member of any board <br /> or commission, member of such public servant's <br /> immediate family, or legal entity in which he has a <br /> controlling interest shall bid on or enter into any <br /> contract, subcontract, or other transaction which is <br /> under the supervision or jurisdiction of the agency <br /> of such public servant." <br /> The "agency" of "A" is the Office of the Civil Sheriff. <br /> As the acquisition of movable and immovable property by bid <br /> or otherwise via public sales conducted by the Civil Sheriff's office <br /> constitutes a "transaction which is under the supervision or jurisdiction <br /> of the [Office of the Civil Sheriff]," it therefore follows, and is the <br /> • <br />
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