| Request for an advisory opinion from Washington Parish Fire Protection District No. 1 relative to whether a volunteer fireman, the fire chief, or district board member can be compensated for cutting grass at the fire station. |
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Teresa Jones is the Secretary for the Washington Parish (pop. 47,168) Fire Protection District No. 1 ("WPFD"). Ms. Jones is questioning whether the owner of a lawn mowing service can be compensated for mowing the lawn of the fire station when the owner of the lawn service is either a volunteer fireman, the fire chief, or member of the District Board?
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La. R.S. 42:1113A(1)(a) prohibits a public servant or member of such public servant's immediate family, or legal entity in which he has a controlling interest, from bidding on or entering 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 prohibits an appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest, from bidding on or entering into or being 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 that this Part shall not preclude any volunteer fireman or legal entity in which he has an interest from bidding on or entering into a contract, subcontract, or other transaction under the supervision and jurisdiction of his agency; provided that the volunteer fireman shall receive no compensation or thing of economic value for his service as a volunteer fireman, that the volunteer fireman shall not be an agency head, and that the volunteer fireman shall not participate on behalf of his agency in any capacity regarding such contract, subcontract, or other transaction.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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