Meetings
 
Agenda Item
Docket No. 19-573
 
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RE:
Advisory Opinion Request from the Franklin Parish Police Jury (pop. 20,767) relative to whether an exception would allow the police jury to award a public bid contract to a member of the immediate family of a police juror.
Facts:
The Franklin Parish Police Jury advertises to the public, via local newspaper and through an online bidding site every 6 months for sealed material bids. Upon review of the received sealed bids, the police jury votes to award the bid(s) to the lowest bidder(s). Only 2 bids were received, both of which were submitted by companies whose owners are immediate family members of police jurors. The Franklin Parish Police Jury would like to know whether the exception found in La. R.S. 42:1123(22) would allow them to award a bids to immediate family members.
Law:


La. R.S. 42:1112B(1) Prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.

La. R.S. 42:1113A prohibits any public servant, excluding any member of a governing authority of a parish with a population of ten thousand or less, 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. 42:1123(22) provides an exception to the Code of Governmental Ethics for any member of a governing authority of a municipality with a population of five thousand or less, or an immediate family member of such governing authority member, or legal entity in which such governing authority member or immediate family member has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality.




Recommendations:
Adopt the proposed advisory opinion draft.
Assigned Attorney: Greg Thibodeaux
 
 
ATTACHMENTS:
Description:
2019-573 AO Draft _2- Campbell
2019-573 Request for Opinion