| Advisory opinion request by Corey Wilson, Chief of Management and Business Services of BREC, regarding whether the Recreation and Park Commission for the Parish of East Baton Rouge (BREC) is allowed to rent its facilities to BREC employees, staff, and board members on the same terms as other members of the public. |
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BREC owns and operates over 180 recreational public parks in East Baton Rouge Parish and employs approximately 400 full-time, 400 part-time, and 300 seasonal employees each year. BREC's purpose is to provide land and facilities to the public for recreational usages, such as tennis, baseball, hiking, and exercising. BREC allows the public to rent its parks and facilities.
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La. R.S. 42:1113D applies to specific position throughout state government, but does not apply to public employees within BREC.
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La. R.S. 42:1113A(1)(a) prohibits a public servant, excluding any appointed member of any board or commission, or immediate family member 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. 42:1113B provides that no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1111A(1)(a) provides that no public servant shall receive 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.
La. R.S. 42:1113D(1)(c)(vi) and (ix) provides that the following should not be considered a contract for purposes of Subsection D which states that no person identified in the Subparagraph or the spouse of such person nor any legal entity of a person shall enter into any contract with state government:
(vi) the payment of admission fees
(ix) Any transaction valued at two thousand five hundred dollars or less. However, no person shall enter into separate transactions valued at two thousand five hundred dollars or less as a subterfuge to avoid the prohibition of this Subsection.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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