| Advisory Opinion Request from Ervin Menard, Fire Chief for Coulee Croche Fire Protection District No. 4 in St. Landry Parish, regarding the appointment of his daughter. |
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Ervin Menard currently serves as the Fire Chief for the Coulée Croche Fire Protection District No.4 ("Fire District") in St. Landry Parish. The Fire District Board is composed of five members. The Fire District Board would like to appoint Mr. Menard's daughter, Angela Smith, as the Secretary/Treasurer to handle accounting and bookkeeping functions due to her professional background. The position would be an unpaid position and she would not have any voting authority within the Fire District.
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La. R.S. 42:1113A: No public servant 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. 42:1123(30) provides an exception to the Code in that a public servant is not prohibited from donating services, movable property, or funds to his agency. However, nothing shall be construed to allow a public servant to make an appointment of a person which is otherwise prohibit by the Code.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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