| Request for an advisory opinion from Eric Hofsommer, Fire Chief of the Bayou Vista (pop. 4,652) Volunteer Fire Department. |
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Eric Hofsommer is the Fire Chief of the Bayou Vista Volunteer Fire Department (BVVFD) for which he does not receive compensation. The BVVFD is regulated by the St. Mary Parish Fire Protection District No. 7. The Fire Protection District employs two maintenance employees that work at the BVVFD. Eric Hoffsommer has been offered one of the paid maintenance positions, but is concerned that being paid as a maintenance worker might conflict with his position as Fire Chief as one of the duties of the Fire Chief is to implement policy relative to the the maintenance personnel and how they perform their work. The Fire Chief does not pay the maintenance personnel but does request funds from the Fire Protection District for all expenses of the BVVFD, including maintenance workers assigned to the BVVFD.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant participated.
La. R.S. 42:1112A prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction in which he has a substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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