| Advisory Opinion request of Gary Evans, DeSoto Parish District Attorney, regarding Police Juror Jim Davlin and Code Inspections Plus, LLC. |
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Jim Davlin is a member of the DeSoto Parish Police Jury. He is also the sole owner of Code Inspections Plus, LLC, which is a building inspection business.
According to Mr. Davlin, Code Inspections Plus, LLC would not be required to enter into any contracts with the DeSoto Parish Police Jury. He also stated that the Police Jury has no supervision or jurisdiction over the inspection services he provides and that no part of the inspection reports are provided to the Police Jury for their approval.
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La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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. 42:1102(23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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