| Request for an advisory opinion by Bryce Autin, legal counsel for the Town of Golden Meadow (pop. 2,101) Lafourche Parish, relative to whether public employees of the town may participate in the installation of a sewerage line from their property to the town system at no charge. |
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The Town of Golden Meadow has received a Community Development Block Grant funding to expand its existing sewer system. The Grant will pay 100% of the cost incurred by the Town in having its contractor construct the connection between certain property owners' sewer service lines and the Town's newly-constructed sewer system. Property owners whose total household income was less than $32,850 for one person living in the household; less than $37,550 for two persons living in the household; less than $42,250 for three persons living in the household; less than $46,900 for four persons living in the household; less than $50,700 for five persons living in the household; less than 54,450 for six persons living in the household; less than $58,200 for seven persons living in the household; or less than $61,950 for eight persons living in the household were qualified for a free service line. South Central Planning & Development Commission (SCPDC) would be responsible for evaluating and deciding which residents qualify for the program. SCPDC is not affiliated with the Town of Golden Meadow other than having a contract to provide this service under the grant. The "no charge" connections require the property owners to complete a form entitled "Application for Utility Line Connection on Private Property" which includes an "Agreement for Free Service Line." Many of the property owners are public employees of the Town.
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EB Declaratory Opinion Docket No. 2012-1043 wherein entering into a transaction would be considered ministerial in nature no violation of the Code of Ethics would be presented even though it would be a transaction under the supervision or jurisdiction of one's own agency.
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La. R.S. 42:1113A(1)(a) prohibits a public servant or member of such public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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To be determined after discussion.
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| Assigned Attorney: |
Greg Thibodeaux |
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