| Advisory opinion regarding whether Jacob Dilehay, the Parish Administrator for Allen Parish, or his company, Priola and Dilehay Development, may apply for building permits within Allen Parish. |
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The Mr. Dilehay, Parish Administrator for Allen Parish, is a licensed residential contractor who owns 50% of a construction company, Priola and Dilehay Development, that does residential construction. To perform its business, the construction company would need to apply through the Allen Parish Police Jury Office to obtain any building permits. The permit application process goes through the Building Maintenance and Solid Waste Supervisor for Allen Parish. After completing the permit application, Allen Parish contracts with Rapides Parish Planning Commission for all residential/commercial construction permitting. The Rapides Parish Planning Commission completes all plan reviews, construction inspections, and final inspections. The Allen Parish Police Jury has no say in any approval or rejection of permits. The Allen Parish Administrator has no supervision over the Rapides Parish Planning Commission or its employees.
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La. R.S. 42:1113A states 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. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1123(40) provides that a person is not prohibited from obtaining a permit, and entering into any transaction incidental thereto, under the provisions of the state uniform construction code (R.S. 40:173021. et. seq.)
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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