| Advisory opinion request request regarding whether the Code of Governmental Ethics would prohibit Gary Duhon and his company, JAG Construction, from participating in certain transactions if he is elected to serve as St. Mary Parish President |
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Gary Duhon submitted an advisory opinion regarding whether the Code of Governmental Ethics would prohibit certain transactions if he were elected to serve as St. Mary Parish President. Mr. Duhon provided that these transactions are to be made at fair market value and no discount shall be applied to the transactions in question. Mr. Duhon is running for St. Mary Parish President and he owns JAG Construction. Mr. Duhon asked if the following transactions would be prohibited if he were elected:
1) May JAG Construction purchase equipment and parts from heavy equipment dealers like Cat, Komatsu, etc., while St. Mary Parish government also purchases equipment and parts from the same dealers.
2) May the JAG Construction accountant continue his employment as the accountant for several St. Mary Parish boards and commissions.
3) May the insurance agent for JAG Construction do business with St. Mary Parish government.
4) May you personally and /or JAG Construction purchase trucks and automobiles from local dealers who sell to the Parish.
5) May you personally and /or JAG Construction use the same local banks as St. Mary Parish government.
6) May you personally and /or JAG Construction use the same vendors as St. Mary Parish government.
7) May the customers of JAG Construction do business with St. Mary Parish government.
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Ethics Rules, Section 601 of the Rules for the Board of Ethics provides that requests for an advisory opinion shall "state the governmental agency and/or individual involved, specifically describe the transaction involved,… and state sufficient facts to enable the [B]oard to respond."
La. R.S. 42:1111C(2)(d) prohibits a public servant or any legal entity in which he owns in excess of 25% from receiving a thing of economic value for services rendered to or for persons who have or are seeking to have a contractual, business or financial relationship with the public servants agency.
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Adopt draft declining to render an opinion and providing general information on the restrictions in the Code of Governmental Ethics.
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| Assigned Attorney: |
Suzanne Mooney |
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