Advisory Opinion request from the Mayor of Gueydan as to whether the Town of Gueydan can do business with Gueydan Tire Company, a limited liability company owned by the step-daughter of the elected Chief of Police. Gueydan has a population of 1,398. |
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Shawn Theriot is the elected chief of police for the Town of Gueydan. Chief Theriot co-signed a note for Gueydan Tire Company, LLC, which is owned by Ashlyn Martin Murphy, the daughter of his ex-wife, with whom he is not related. Chief Theriot has worked at Gueydan Tire Company on a voluntary basis, receiving no compensation, when he is not on duty at the Gueydan Police Department. Jude Reese, Mayor of Gueydan, would like guidance on whether the Town of Gueydan, the Gueydan Police Department or the Gueydan Fire Department can conduct business with Gueydan Tire Company.
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La. R.S. 1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest greater than twenty-five percent, from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person (1) has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1112B(5) 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 person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interest of such public servant.
La. R.S. 42:1113A(1)(a) prohibits a public servant, excluding a legislator and any appointed member of any board or commission and 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.
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Adopt the proposed advisory opinion draft.
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Assigned Attorney: |
Greg Thibodeaux |
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