| Request for an advisory opinion from legal counsel for the Town of Berwick (pop. 4,946) as to whether a councilman can provide services as a reserve police officer with the Berwick Police Department. |
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The Town of Berwick operates under a home rule charter whereby the police chief is appointed by the mayor, subject to town council approval and the town council approves the budget for the police department.
Raymond Price was elected councilman in November 2018 and took office on January 1, 2019.
Mr. Price serves as a reserve police officer with the Berwick Police Department as well as a reserve deputy marshal with the Ward 6 City Court in Morgan City, a separate municipality located across the Atchafalaya River from the Town of Berwick. Mr. Price receives no compensation for his services as a reserve police officer or a reserve deputy marshal. Mr. Price has been a reserve officer with the Berwick Police Department since 2006 and would not need to be reappointed or re-commissioned.
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La. R.S. 42:1113A(1)(a) prohibits a public servant, or member of his 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 his agency.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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