| Advisory opinion request regarding various restrictions found within the Code of Governmental Ethics that would apply to volunteer firemen of the Ward 4 Fire Protection District in Jackson Parish. |
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The Ward 4 Fire Protection District (District) has contracted in the past with a local business to provide regular and routine maintenance on fire trucks and other emergency vehicles. The District would now like to contract with Lance Ledford, a District volunteer fireman, to provide these services.
Scotty Nunn, a District Commissioner, has a son, Mitchell Nunn, who is also a District volunteer fireman. Mitchell Nunn has expressed interest in volunteering his services by assisting Lance Ledford with the maintenance of the vehicles. Lance Ledford is considering hiring Mitchell Nunn to assist with the maintenance of the vehicles if he is awarded the contract by the District.
Volunteer firemen with the District do not receive compensation for their services. The District only reimburses its volunteers $15 per call for costs associated with their services.
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La. R.S. 42:1113A(1)(a) provides that 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. 42:1113B provides that other than a legislator, no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1123(35) provides an exception allowing any volunteer fireman or legal entity in which he has an interest to bid on or enter into a contract, subcontract, or other transaction under the supervision and jurisdiction of his agency; provided that the volunteer fireman receives no compensation or thing of economic value for his service as a volunteer fireman, that the volunteer fireman is not an agency head, and that the volunteer fireman does not participate on behalf of his agency in any capacity regarding such contract, subcontract, or other transaction.
La. R.S. 42:1123(30) provides an exception which allows a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family, to donate services to his agency.
La. R.S. 1111C(2)(d) prohibits a public servant and any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving anything of economic value for services rendered from a person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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