| Advisory Opinion reconsideration request of Richie Broomfield, Mayor, Village of Dodson (Pop. = 337; Winn Parish) |
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Richie Broomfield, Mayor of the Village of Dodson (Winn Parish), is employed by Dodson Equipment Company, which is owned by his father, Richard Broomfield. Since 1983, the Village has done business with Dodson Equipment for parts and mowers for Village equipment. Dodson Equipment is the only vendor in the area.
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Mr. Broomfield appeared before the Board at the March meeting. His original request ended with the Board prohibiting the Village from entering into transactions with Dodson Equipment Company. The Board suggested Mr. Broomfield seek an exception through the legislature.
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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. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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