| Advisory Opinion request submitted by Ricardo Mekdessie regarding his ability to bid on a request for proposal from the Louisiana Uniform Local Sales Tax Board. |
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Mr. Mekdessie stated that he serves as a contractor for the Louisiana Uniform Local Sales Tax Board (LULST), and that he provides technical specifications related to the management of information technology and development of computer software and hardware relative to local sales and use tax collection and administration. Specifically, these duties include providing advice and recommendations to the LULST regarding the purchase and/or development of computer software and hardware relative to Louisiana local sales and use tax collection and administration, providing information and analysis regarding the development of a custom software system for the collection and administration of Louisiana local sales and use taxes and any vendors, persons, firms, or corporations who are known to be in a position to furnish software systems for the collection and administration of Louisiana local sales and use taxes or the development of such software.
He stated that he would like to be able to bid on a request for proposal from the LULST for the development of a software system for the collection and administration of Louisiana local sales and use taxes.
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La. R.S. 42:1102(19)
defines "public servant" as a public employee or elected official.
La. R.S.42:1102(18)(a)(iii) defines "public employee" as anyone, whether compensated or not, who is engaged in the performance of a governmental function
Docket No. 2009-378 defined "governmental function" as a government agency's conduct that is expressly or impliedly mandated or authorized by law that is carried out for the benefit of the general public.
La. R.S. 47:337.102C(7) states that the Louisiana Uniform Local Sales Tax Board has the power to procure the development of computer software and equipment for the collection and administration of local sales and use taxes.
La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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.
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Adopt the proposed opinion.
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| Assigned Attorney: |
Matthew DeVille |
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