| Reconsideration of an advisory opinion request by Michael Naquin regarding whether he would be prohibited from continuing to serve as treasurer of the Thibodaux Volunteer Fire Department if he were elected to the Thibodaux City Council. |
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Michael Naquin is considering becoming a candidate for Thibodaux City Councilman in 2018. In the event he is elected to this position, he would like to remain as treasurer for the Thibodaux Volunteer Fire Department.
Thibodaux Volunteer Fire Department is a non-profit 501(c)3 corporation whose Fire Board was created by the Thibodaux City Code of Ordinances. The members of the Fire Board are appointed by the Thibodaux City Council after receiving the recommendation from the Fire Board. Neither the fire department members nor any of the department officers are paid for their services or receive per diem or reimbursements. The treasurer position is a non-voting member position of the Fire Board.
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The Board previously rendered an opinion stating that his appointment would be prohibited. Additional facts were received that indicated that the Thibodaux City Council appoints the members to the Fire Board and not the members of the member fire departments.
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La. R.S. 42:1113A(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board or 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. 42:1113A(1)(b)(ii) provides that a member of the municipal governing authority would not be prohibited from being appointed to a board or commission for which the governing authority is the appropriate appointing authority and the appointee receives no salary or per diem for service on the board or commission.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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