| Advisory opinion request regarding whether the Tensas Parish Police Jury may contract with a company owned by John D. "Bubba" Wynn, an elected member of the Tensas Parish Police Jury. |
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The Tensas Parish Police Jury is the owner of the Tensas Parish Solid Waste Landfill which is currently being operated under a contract between the Tensas Parish Police Jury and IESI Landfill Corporation. The current contract will soon be terminated and the Tensas Parish Police Jury will need to engage a contractor to operate the landfill either on a temporary or long-term basis. Tensas Parish Police Jury is interested in contracting with Wynco Environmental Group, LLC, a company owned 100% by John D. "Bubba" Wynn, to operate the landfill. Mr. Wynn currently serves as an elected member of the Tensas Parish Police Jury. The population of Tensas Parish, according to the 2010 Federal Decennial Census, is 5,252.
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La. R.S. 42:1113A prohibits a public servant, excluding any member of a governing authority of a parish with a population of ten thousand or less, a member of his immediate family or a legal entity in which he owns a controlling interest from bidding on or entering into a contract, subcontract or transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42:1112A prohibits a public servant from participating in any transaction with his agency in which he has a personal substantial economic interest. Section 1120 of the Code provides that any elected official, who is required to vote on a matter in violation of Section 1112, must recuse himself from voting. The elected official is not prohibited from participating in discussion and debate concerning the matter provided that he verbally discloses the nature of the conflict or potential conflict during his participation in the discussion or debate prior to any vote being taken.
La. R.S. 42:1114 requires a public servant who derives a thing of economic value of which he may be reasonably expected to know through a person which is regulated by the public servant's agency or has bid on or entered into or is in any way financially interested in any contract or any other transaction under the supervision of the public servant's agency to file a disclosure statement with the Board of Ethics stating the: (1) amount of income, (2) nature of the business, (3) name, address and relationship of the public servant, and (4) name and business address of the legal entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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