| Advisory opinion request regarding whether the Financial Administrators for the Town of Richwood and the Town of Gibsland may enter into a cooperative endeavor agreement with the Louisiana Legislative Auditors Office (LLA). |
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The Legislative Auditor has requested an advisory opinion regarding whether the Ethics Code would prohibit Mr. Jonald Walker, III the Financial Administrator for the Town of Richwood and Mr. David K. Greer the Financial Administrator for the Town of Gibsland from entering a cooperative endeavor agreement with the LLA. Once appointed by the a court the fiscal administrator is statutorily obligated to administer and execute all fiscal documents with respect to their assigned political subdivision.
The LLA is specifically concerned with Article 2.1 of the cooperative endeavor agreement. Article 2.1 provides that "the LLA shall, upon receipt from the court of invoices describing in detail the work of the fiscal administrator, tender a payment to the fiscal administrator for fiscal administration work approved by the court and accepted by the LLA."
Article 2.1 of the cooperative endeavor agreement provides for the salary of the fiscal administrator.
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La. R.S. 42:1112A No public servant shall participate in a transaction in which he has a substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La.R.S. 42:1113A(1)(a) No public servant shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision of jurisdiction of the agency of such public servant.
La. R.S. 42:1102(21)(a) "substantial economic interest" means means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office.
La. Const. Art. VII, Section 14(C) Cooperative Endeavors. For a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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