| Advisory Opinion request from Sharon Lavergne with Lavergne Electric regarding the employment of her son by the Greater Baton Rouge Port Commission. |
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Lavergne Electric is owned by Sharon and Roy Lavergne. Lavergne Electric has previously performed work for the Greater Baton Rouge Port Commission ("Commission") on an as-needed basis. Todd Lavergne is the son of Sharon and Roy Lavergne. Todd may be hired by the Port as a maintenance employee, but would have no participation in the decision to use Lavergne Electric.
The Port confirmed that Lavergne Electric would provide services under the supervision of the Director of Engineering & Services. The maintenance position would be under the same Director.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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