| Request for an Advisory Opinion from James Gaspard, Fire Chief of the Bordelonville Volunteer Fire Department (BVFD), whether an uncompensated volunteer fireman can serve as a member of the Board of Directors of the BVFD. |
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James Gaspard is the Fire Chief for the Bordelonville Volunteer Fire Department (BVFD) in Avoyelles Parish. All members of the BVFD, including the Fire Chief, Assistant Chief, and Captain, serve without compensation. The BVFD has a five-member Board of Directors who are also uncompensated and elected annually by the members of the BVFD. Gaspard would like to know whether any volunteer fireman, including any officers, may also serve on the Board of Directors.
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Ethics Opinion #2003-979 opined that while the Code of Governmental Ethics prohibits members of the Board of Directors of a Fire Board from serving as compensated employees of the Fire Board, 42:1123(1) would allow for participation when no compensation is received.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1123(1) excludes from the Code of Governmental Ethics participation in the affairs of ... bona fide organized public volunteer fire departments when no compensation is received...
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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