| Advisory Opinion request of Gene Glascock, Mayor of the Town of Albany (Livingston Parish), regarding the town's use of Bankston Auto Parts & Fuel, which is owned by the brother of a newly elected councilwoman. |
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The Town of Albany (Town) has used Bankston Auto Parts & Fuel (Bankston Auto) for fuel, tires, batteries, and minor equipment services such as weed eaters, chainsaws, blowers, and tire repairs for over fifty years. Bankston Auto is owned by Chris Bankston. Ms. Kimberly Stewart, Chris Bankston's sister, was recently elected as a member of the Town Council. Ms. Stewart has no ownership interest in Bankston Auto.
The Town would like to continue to use Bankston Auto, subject to a plan, as it would place a hardship on the maintenance department to do business in another town or parish. The population of Albany at the 2010 Census was 1,088.
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Act 408 (attached) of the 2017 Session amended the exception in 1123(22) to allow a business owned by an immediate family member of a mayor or councilman/alderman to enter into transactions with the municipality if the population is less than 5,000.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1123(22) provides an exception to allow a mayor or member of a governing authority with a population of five thousand or less, or an immediate family member of such a mayor or governing authority member, or legal entity in which such a mayor, governing authority member, or immediate family member has a controlling interest, to enter into any transaction that is under the supervision or jurisdiction of the municipality. The municipality must submit a plan prior to entering into any transactions.
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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