Meetings
 
Agenda Item
Docket No. 13-992
 
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RE:
Advisory opinion request regarding whether members of the East Columbia Fire District Board of Commissioners may receive compensation for their services as volunteer firefighters in the district.
Facts:
The Board of Commissioners of the East Columbia Fire District created by the Caldwell Parish Police Jury as authorized by Louisiana Revised Statute 40:1492 request an opinion regarding whether it is lawful for the members of the board of commissioners to receive nominal compensation for their services as volunteer firefighters in the district.
Law:
Section 1113 of the Code prohibits an appointed member of a board or commission from entering into any transaction or being in any way interested in a transaction that is under the supervision of the appointed members agency.

Section 1112 prohibits public servants from participating in transactions involving their agency in which they have a personal substantial economic interest.

Section 1123 (1) provides an exception for participation in bona fide organized public volunteer fire departments when no compensation is received.

Section 1123(35) of the Code provides an exception to Section 1113, which allows for a volunteer police officer or a legal entity in which he has an interest to bid on and enter into a contract, subcontract or other transaction under the supervision or jurisdiction of his agency provided that he is not compensated for his service as a police officer, is not an agency head and does not participate on behalf of his agency in connection with the contract, subcontract or other transaction.

Section 1102(23) defines "transaction involving the governmental entity" as "any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) is or will be the subject of action by the governmental entity (b) is one to which the governmental entity is or will be a party or (c) is one in which the governmental entity has a direct interest.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-992.docx
2013-992- Advisory Opinion Request