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Advisory opinion regarding whether Brian Trainor may serve as a prosecutor for the Mayor's Court in Abita Springs and magistrate for the Mayor's Court for Abita Springs while he serves as the Chief Deputy for the St. Tammany Parish Sheriff's Office. |
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Brian Trainor is the Chief Deputy for the St. Tammany Parish Sheriff's Office. His job duties include chief administrator and in-house legal advisor to the Sheriff. The St. Tammany Parish Sheriff's Office serves as the chief law enforcement agency for the Town of Abita Springs.
Mr. Trainor also serves as the town prosecutor for the Mayor's Court in Abita Springs. The Mayor's Court's jurisdiction is limited to traffic citations and violations of town ordinances. Mr. Trainor rotates with another attorney and serves in this position for six months out of the year. His salary is set by town ordinance.
On one occasion, Mr. Trainor was asked to serve as a magistrate for the Mayor's Court. Questions were raised as to the appropriateness of his services to the town of Abita Springs while he is employed with the Sheriff's Office.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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