Meetings
 
Agenda Item
Docket No. 18-631
 
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RE:
Advisory opinion request concerning family members of employees of the St. Tammany Fire Protection District No. 1 doing business with the district.
Facts:
The Fire District is seeking estimates to rebuild a boat dock behind the fire station. One potential business to complete the work is Sauter and Sauter Ltd. d/b/a Distinctive Design Construction, LLC, which is owned by Gerald Sauter. Mr. Sauter's son, Brandon Sauter, is employed by the Fire District as a firefighter.



The Fire District is also seeking estimates to perform repair work on a Fire District vehicle. One potential business is Alex's Body Shop, which is owned by Alejandro Gonzales. Mr. Gonzales's son, Ryan Gonzales, is employed by the Fire District as a firefighter.

Law:
La. R.S. 42:1113A(1)(a) provides that no public servant, 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. 42:1102(13) defines "immediate family member" to include a public servant's parent.



La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity by or on behalf of an individual, or member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.



AO 2006-663: Business owned by parents of firefighter was prohibited from entering into transactions with local Fire Protection District.


Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2018-631 - Advisory Opinion Draft
2018-631- Additional Information
2018-631 Request for Advisory Opinion