| Advisory opinion request regarding whether Assumption Parish Sheriff's Office may contract with Darnall, Sikes, Gardes & Frederick (Darnall) for auditing services when the daughter-in-law of the Sheriff-elect is employed by Darnall; and, whether the Sheriff's Office may continue a memo of understanding with the Assumption Parish Coroner's Office for investigative services by a full time Commander as the Coroner's Chief Investigator. |
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Patti Falcon is considered an immediate family member to the Sheriff-elect, as she is married to his son, Jaime Falcon. She serves as an in-charge accountant with Darnall and has no ownership interest in the company. The potential contract with Darnall would commence on July 1, 2016 if it is selected. Patti Falcon would not be a member of the engagement team that would perform the audit procedures for Sheriff's Office nor is she in a position to influence them.
The Sheriff's Office currently has a memorandum of understanding with Coroner's Office for a Commander with the Sheriff's Office to serve as the Coroner Office's Chief Investigator. The Commander would be compensated by the Sheriff's Office while he responds to scenes requiring the Coroner's presence; however, the Commander would take leave from Sheriff's Office when responding on behalf of the Coroner's Office. The Coroner's Office currently pays $1,200 a month for this service of which $1,000 is included in Commander's salary with the Sheriff's Office and the remaining amount reimbursing the Sheriff's Office for fuel and vehicle use.
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La. R.S. 42:1113A(1)(a) of the Code prohibits a public servant, a public servant's 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 the agency of such public servant.
La. R.S. 42:1111A(1)(a) prohibits public servants from receiving anything 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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