| Advisory opinion request by Ralph Alexis, III, on behalf of Third District Volunteer Fire Department (Jefferson Parish) regarding whether the Department can use funds in its private bank account to pay expenses in connection with a mailer opposing a proposition. |
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The Third District Volunteer Fire Department (Department) has previously entered into a contract with Jefferson Parish Fire Protection District No. 3 (District) to provide fire protection and suppression and related services to the District.
A proposition was put to a vote by the District on April 29, 2017 with the purpose of increasing the millage used to fund fire protection in the District. If passed, this proposition would have terminated the Department's contract with the District. Jefferson Parish East Bank Consolidated Fire Department would take their place for fire protection and suppression.
Jody Sanderson, a Department member, entered into an agreement with LeBlanc & Schuster Public Relations Inc. to print and mail a flier. The cost of the mailing and fliers was $4,366.33.
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La. R.S. 42:1115 provides that A no public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: 1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or 2) Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency. B. No public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person:(1) Conducts operations or activities which are regulated by the public employee's agency.(2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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| Assigned Attorney: |
Brett Robinson |
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