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Advisory opinion request regarding whether Womack Construction may enter into a contract with the West Allen Parish Water District when the President of Womack Construction serves as a board member of the Louisiana Rural Water Association and the West Allen Parish Water District is a member of the Louisiana Rural Water Association. |
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Womack Construction has submitted the lowest bid for a contract with the West Allen Parish Water District for a USDA water improvement project. The West Allen Parish Water District is a member of the Louisiana Rural Water Association, a non-profit corporation. Glen Womack, the President of Womack Construction, is president of the Louisiana Rural Water Association Board of Directors. Glen Womack receives no compensation for his service on the Louisiana Rural Water Association's Board of Directors.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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