| Advisory opinion request regarding whether the Iberville Parish Council may contract with a company partially owned by the wife of Troy Tempanaro, an employee of the Iberville Parish Council. |
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The Iberville Parish Council is considering a project to provide "direct internet access" service to the Courthouse facility and other building locations under the Parish Council's jurisdiction. The project is being handled by the Parish's Information Services Department which is under the direct supervision of the Director of Finance. Iberville Parish Council obtained quotes for the project and the lowest cost for the service was submitted by Clear Choice Broadband, LLC, d/b/a Clear Choice Communications. Clear Choice Broadband, LLC is owned by Wayne Triche (60%) and Frances Tempanaro (40%). Frances Tempanaro is the wife of Troy Tempanaro who serves as the Building Maintenance Supervisor in the Parish's General Services Department. Troy Tempanaro and the Building Maintenance Department will not participate in the awarding of the contract or install any equipment required for the service at the Courthouse or any other Parish facility.
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Section 1113A of the Code prohibits a public servant, his immediate family member or a legal entity in which either have a controlling interest from bidding on or entering into a contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency.
Section 1102(2)(a) of the Code provides that a public servant's agency is the department for which the public servant works.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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