Agenda Item
Docket No. 12-103
Advisory opinion submitted on behalf of the Jefferson Davis Parish Police Jury regarding dual office holding issues.
Jefferson Davis Police Jury has submitted several questions regarding a fire chief of a Jefferson Davis Fire Protection District. Tim Landry is a fire chief with a Jefferson Davis Fire Protection District. Mr. Landry was also hired by a Jefferson Davis Parish Drainage District to maintain ditches. Mr. Landry hired an employee of the Jefferson Davis Police Jury to help him maintain the ditches and is paid for by Mr. Landry's personal funds. The Police Jury employee is also a volunteer firefighter with the Fire Protection District.

It is also asserted that the Jefferson Davis Police Jury may appoint the same person to both the Fire Protection District Board and the Drainage District Board.

It is also asserted that the Police Jury has an employee who also serves as the secretary for a Fire Protection District and Drainage District and receives a pay check from all three governmental entities.

La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest 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. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.

La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.

Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
2012-103- Advisory Opinion Request
2012-103 Draft Opinion