| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Rusty Reeves from being a candidate for the office of Allen Parish Police Juror while serving as a full time employee of the Louisiana Rural Water Association. |
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Mr. Reeves is a full time employee of the Louisiana Rural Water Association and serves as the Deputy Director. Louisiana Rural Water Association provides technical assistance to rural water districts, which are governed by a local water board that is appointed by the police jury. The West Allen Parish Water District was created by the Allen Parish Police Jury under Sec. 82-1181-1210 of the Allen Parish Code of Ordinances pursuant to the authority in La. R.S. 33:3811. Mr. Reeves serves on the Board of Directors of the West Allen Parish Water District. The Louisiana Rural Water Association does not have any say as to who sits on the boards nor how they are governed. The local water boards pay a membership and their membership is voluntary.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a 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. 42:1112B(3) would prohibit Mr. Reeves from participating in any transaction involving Louisiana Rural Water Association and Allen Parish, including any water district created by Allen Parish, in which the Louisiana Rural Water Association has a substantial economic interest.
La. R.S. 42:1120 provides that an elected official shall recuse himself from the vote to avoid a violation of La. R.S. 42:1112; and, the elected official shall not be prohibited from participating in the discussion and debate concerning the matter provided the elected official makes a disclosure of the conflict of interest or potential conflict of interest a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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