| Advisory opinion request regarding whether a company owned by Stephen McKinney and his wife can enter into certain transactions if Mr. McKinney is elected to the West Feliciana Parish Council. |
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Stephen McKinney is a potential candidate for West Feliciana Parish Council. He and his wife, Amanda Temple McKinney, own Temple Design, LLC, which sells promotional items and graphic services primarily to customers in West Feliciana Parish.
Excluding the prisoners confined at the Louisiana State Penitentiary, the population of West Feliciana Parish is only 9,400.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which he exercises control or owns an interest in excess of 25% from receiving any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1111C(4) Notwithstanding the provisions of Subparagraph (d) of Paragraph (2) of this Subsection, an elected official shall not be prohibited for a period of not more than ninety days following the first day of his initial term of office from receiving compensation from a person from whom he would be prohibited by R.S. 42:1115(A)(1) from receiving a gift for the completion while in office of any contract or subcontract which was entered into prior to his initial election to office, provided that such contract or subcontract is written and includes established terms for compensation and completion and that such contract or subcontract shall not be renewed after his initial election. Within thirty days of taking office, the elected official shall file a written notice of such contract or subcontract with his governmental entity and the Board of Ethics, setting forth the nature of the contract or subcontract, the established completion date, and the established compensation therefor.
La. R.S. 42:1113A prohibits a public servant, a member of his immediate family, or a legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
La. R.S. 1:11 provides that, except as otherwise provided, the population of a political subdivision is that shown by the latest regular or special federal census.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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