| Advisory opinion regarding whether a violation of the Code of Ethics exists when the wife of a candidate for St. Charles Parish Council, Michael Dawson, has an interest in a company that does business with St. Charles Parish. |
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Michael Dawson states that he has qualified to run for a St. Charles Parish Councilman seat. He states that his wife and daughter own 22% of a fuel company that bids on fuel contracts with St. Charles Parish. His daughter is a minor and his wife controls her interest. His wife is not employed with the company, however, she serves as board member for the company. His spouse receives dividends from the company. All of the business that the fuel company does with the Parish is done so through a close bid system.
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Section 1113A of the Code prohibits an immediate family member of a public servant or an entity in which he has a controlling interest from bidding on, contracting, subcontracting, or entering into any other transactions that are under the supervision of the agency of the public servant.
Section 1102 of the Code defines controlling interest as an interest that is greater than 25%.
Section 1111C(2)(d) of the Code prohibits a public servant, his spouse, or a legal entity in which he has an interest in excess of 25% from accepting compensation for services rendered from a person who has a business relationship with the agency of the public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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