Meetings
 
Agenda Item
Docket No. 14-243
 
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RE:
Advisory opinion regarding whether the law firm of Dwyer, Cambre and Suffern, may provide legal services to Jefferson Parish at a time when the spouse of Stephen Dwyer, Jennifer Van Vrancken, as well as his son, Jeremy Dwyer, are employed with Jefferson Parish.
Facts:
Dwyer, Cambre and Suffern (law firm) submitted a statement of qualifications to be considered for future legal contracts with Jefferson Parish. Mr. Stephen Dwyer is the senior managing partner of the law firm. He is married to Jefferson Parish employee Jennifer Van Vrancken, and he is the father of Jefferson Parish employee, Jeremy Dwyer.
All of the contracts for outside legal services for Jefferson Parish are requested and selected by the Jefferson Parish Council, and are administered under the overview of the Parish Attorney. Pursuant to Sec. 3.03 of the Jefferson Parish Charter all pertinent departments and administrative personnel answer to the Parish President, except the Parish Attorney, who pursuant to Sec. 4.04 of the Charter, serves as legal counsel to both the Parish President and the Parish Council, and the Department of Research and Budget, which is headed by Mr. Alan Gandolfi, who is the Director of the Research and Budget Department.
Mr. Dwyer's son from his first marriage, Jeremy Dwyer, is the Director of Legal Analysis, which is part of the Department of Research and Budget, headed by Mr. Gandolfi. Jeremy Dwyer is not the son of Jennifer Van Vrancken.
On May 18, 2013, Mr. Dwyer married Jennifer Van Vrancken. Ms. Van Vrancken served in the Jefferson Parish President's Office as Deputy Chief Operating Officer at the time the response for qualifications was submitted and has since been promoted to Chief Operating Officer. She is supervised and reports directly to the Parish President.
Louis G. Gruntz, Jr., serves as Of Counsel with the firm and is affiliated with the firm on a contractual basis, not as an employee; Mr. Gruntz was listed as a resource to be available to work on any future contract with Jefferson Parish. Mr. Gruntz served as a Deputy Parish Attorney for Jefferson Parish and retired from Jefferson Parish on September 9, 2011. Finally, Mr. Dwyer and Mr. Gruntz are second cousins.

Law:
Section 1113A of the Code prohibits a public servant, members of his immediate family, or any legal entity in which he has a controlling interest from entering into a transaction that is under the supervision or jurisdiction of the public servant's agency.

Section 1102(8) of the Code defines "controlling interest" as 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 25% of that legal entity. Section 1102 (13) of the Code defines immediate family members as siblings and spouses of their siblings.

Section 1102(2)(a) of the Code defines "agency" as the department, office , division, agency, commission, board, committee, or other organizational unit of a governmental entity.

Section 1111C(2)(d) of the Code prohibits a public servant from accepting anything of economic value from a person who has or is seeking a business or contractual relationship with the public servant's agency.

Recommendations:
Adopt the proposed advisory opinion.

Assigned Attorney: Mike Dupree
 
 
ATTACHMENTS:
Description:
2014-243 - Draft Opinion
2014-243: Advisory Opinion Request