Meetings
 
Agenda Item
Docket No. 20-010
 
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RE:
Withdrawal of an Application for Declaratory Opinion, submitted on behalf of the Jefferson Parish Fire Fighters Association - Local 1374 - International Association of Fire Fighters ("Union"), that requested reconsideration of an advisory opinion previously issued by the Board in Docket No. 2018-401 (on July 23, 2018).
Facts:
Alesia M. Ardoin, attorney for the Jefferson Parish Fire Fighters Association - Local 1374 - International Association of Fire Fighters ("Union"), submitted a request for reconsideration of an advisory opinion previously issued by the Board in Docket No. 2018-401 - July 23, 2018. Originally, counsel on behalf of the Jefferson Parish Fire Civil Service Board ("Fire Board") requested an advisory opinion concerning whether the Code applied to the Fire Board and whether it required the recusal of a Fire Board member in various situations.
According to the Application for Declaratory Opinion, the Union's counsel opines that "[T]he Ethics Code does not prohibit the Fire Fighters Union from paying for legal services in connection with the representation of its members in matters before the Civil Service Board while Mr. Burkett serves as an elected member of the Civil Service Board and is the Vice President of the Fire Fighters Union." In so concluding, the Union's counsel asserts that La. R.S 42:1111E does not apply to this set of facts. Additionally, it is the Union's position that La. R.S. 42:1123(1) permits the participation that the Board has determined to be prohibited.
On two (2) occasions, this matter was reviewed extensively and the Board concluded that "the Code of Governmental Ethics prohibits the Union from representing its members before the board while Mr. Burkett serves as Vice-President of the Union and as a member of the board. La. R.S. 42:1111E prohibits a public servant or a legal entity of which such public servant is an officer, director, trustee, partner, or employee from receiving anything of economic value for assisting a person in a transaction with the agency of the public servant." However, despite the lack of a change in facts, the Union seeks a second reconsideration of the same request a little more than one year after the first reconsideration.

On February 17, 2020, Mrs. Ardoin informed staff that her client authorized her to withdraw the Application for a Declaratory Opinion.

Recommendations:
Decline to consider the Application for Declaratory Opinion and allow the withdrawal.
Assigned Attorney: LaToya Jordan
 
 
ATTACHMENTS:
Description:
2020-02-17 Email re: Withdrawal of Application for Declaratory Judgment (Docket No. 2020-010)
2020-010 - Request for a Declaratory Opinion Alesia M. Ardoin2020-