| Advisory opinion request, submitted by Julie W. Champagne, regarding whether the St. Mary Parish Library Board may enter into a business contract with Firmin + Laiche, Ltd. |
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The St. Mary Parish Library Board of Control is in the process of remodeling and adding an addition to the Berwick branch location. The Board of Control oversees the operation of the library system including approval of renovations and associated contracts. Board member Cherie Hidalgo Laiche is married to Cary Laiche of Firmin + Laiche Architects, Ltd. The Board seeks to utilize the firm's services to perform the renovation and addition because its current owner, Jim Firmin, is the original architect of record for the building. Mr. Laiche is not a partner or officer in the firm.
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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. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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Adopt the proposed opinion.
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| Assigned Attorney: |
Matthew DeVille |
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