| Advisory opinion request regarding the creation of a structure on the property of James Wood, Fire Chief for Fire District No. 1 of West Feliciana. |
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Chief James R. Wood is the full-time Fire Chief for Fire Protection District No. 1 of West Feliciana Parish (hereinafter Fire District). He offered to house a fire engine at no charge to the Fire District. A small structure would need to be built to protect the fire engine from the elements. The purpose of housing a fire engine is to prevent burdensome premium increases or denials in coverage for some property owners due to the distance between their properties and current fire stations.
The temporary structure would be made of telephone poles with a metal roof and wood siding. No slab or plumbing would be installed within the structure. Gravel would be added inside the structure and at the front of the structure to aid fire engines in reaching the street. The structure and gravel would be removed after a termination of use by the Fire District of the structure. The property would be restored to it's original condition before the structure was placed on the property. His house is covered by a different fire station.
The Fire District may be able to claim a crucial staffing credit which could enhance the Fire District's overall rating if such action is not prohibited.
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Section 1111A(1) of the Code prohibits a public servant from receiving any thing of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
Section 1113A(1)(a) prohibits a public servant from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
Section 1123(30) states that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family, shall not be precluded from donating services, moveable property, or funds to his agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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