| Request for an advisory opinion from Joshua Melancon, a volunteer fireman and Assistant Fire Chief for the Town of Catahoula, an unincorportated community in St. Martin Parish (pop. 52,160), whether he could contract with the St. Martin Parish Fire District. |
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Joshua Melancon is a volunteer fireman and Assistant Fire Chief for the Town of Catahoula. Mr. Melancon was a part-time employee of the St. Martin Parish Fire District, until December 26, 2018, where he provided fire suppression services.
Mr. Melancon owns Bryden Lawn Services and would like to contract with the St. Martin Parish Fire District to provide lawn services throughout the district.
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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.
La. R.S. 42:1123(35) provides that this Part shall not preclude: any volunteer fireman or legal entity in which he has an interest from bidding on or entering into a contract, subcontract, or other transaction under the supervision and jurisdiction of his agency; provided that the volunteer fireman shall receive no compensation or thing of economic value for his service as a volunteer fireman, that the volunteer fireman shall not be an agency head, and that the volunteer fireman shall not participate on behalf of his agency in any capacity regarding such contract, subcontract, or other transaction.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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