| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Mike Smith Construction from contracting with the West Allen Parish Water District while Mike Smith's son, Benjamin Smith, is employed with the Water District. |
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Mr. Bertrand, Assistant District Attorney for Allen Parish, provided that the West Allen Water District recently hired Benjamin Smith as a water operator. Additionally, he stated that for many years prior to Benjamin Smith's employment with the Water District, Mike Smith Construction provided boring services to the Water District. Mike Smith Construction was used, on an as needed basis, to bore under the road to make a hole to install rural water meters. Further, he provided that Benjamin Smith would not participate in the selection of the contractor to do the boring work; however, as part of his job duties, Benjamin Smith will be installing water meters.
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La. R.S. 42:1113A prohibits a public servant, a member of his immediate family or a legal entity in which either owns a controlling interest, from bidding on or entering into a contract, subcontract or transaction that is under the supervision or jurisdiction of the public servant's agency.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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