| Request for an advisory opinion from Bruce M. Danner, Town Attorney for the Town of Madisonville (pop.748), St. Tammany Parish (pop.233,740), relative to his rental and use of Town Hall premises for his private law practice. |
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Bruce M. Danner is the Town Attorney for the Town of Madisonville. The Town will soon commence the construction and renovation of a newly purchased building to house all administrative departments including the Town Attorney. The Town Attorney duties are part-time and Mr. Danner intends to maintain a limited law practice handling Successions and Estate Practice. The Mayor of Madisonville has expressed a desire that Mr. Danner maintain his presence at the Town Hall and therefore would like to perform his private practice cases from his Town Attorney office at the new Town Hall. The Town of Madisonville would charge Mr. Danner a reasonable rate for an estimated time that is spent on matters not related to the Town.
Mr. Danner provided that he does not have a written contract with the Town of Madisonville, however one of his duties is to review all contracts and counsel the Town on the legal aspects of same.
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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. 42:1102(2)(a)(vi) defines "agency of the public servant" to mean the agency in which the public servant serves.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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