| Advisory opinion request by Vickie Briscoe, Town Clerk for the Town of Basile, regarding whether employees of the Town of Basile's Street Department can work on personal property clearing out gullies and/or ditches without charging the residents that own these properties for this service. |
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The "Town Crew" of Alvis and Andrew Duplechin, James Bertrand, Barry Joubert, Eric Wright, and Rogers Spell II are interested in providing the property cleaning service to residents on behalf of the Town. Their job duties include maintaining streets and ditches along streets, repairing water and gas leaks, cutting grass, patching holes on streets, helping at the sewer plan, digging ditches for drainage and installing culverts. They would use Town equipment and be compensated by the Town for the work performed during their normal working hours of Monday thru Friday 7:00 a.m. to 4:00 p.m.
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La. R.S. 42:1102(21)(c) provides that a "substantial economic interest" means an economic interest which is of a greater benefit to the public servant or other person than to a general class or group of persons except the interest that a person has a member of the general public.
La. R.S. 42:1112B provides that no public shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: any member of his immediate family; any person in which he has a substantial economic interest of which he may reasonably expected to know; any person of which he is an officer, director, trustee, partner, or employee; any person with whom he is negotiating or has an arrangement concerning prospective employment; and, any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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