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Advisory opinion regarding whether Livingston Waste can enter into a contract with Livingston Parish when it is partly owned by Chance Parent, who is a member of the Livingston Parish Council. |
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Chance Parent is a member of the Livingston Parish Council. Mr. Parent recently became a 25% owner in Livingston Waste, a local garbage company. Mr. Parent has no familial relationship to any other owner of Livingston Waste. Livingston Parish has an ordinance which regulates how a garbage hauling company operates in Livingston Parish. Livingston Waste seeks to enter into a "hauling agreement" with Livingston Parish, that outlines that the company will follow the guidelines set forth in the ordinance. The agreement is entered into by the Livingston Parish President and the President of Livingston Waste, who is not Mr. Parent. The "hauling agreement" will have the same term as the parish president and will expire in 2015.
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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. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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