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Advisory opinion concerning a company owned by Buddy Collins, who serves as a newly-elected member of the Grant Parish Police Jury, working for a company that has a non-exclusive franchise agreement with the parish. |
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Mr. Collins is a newly-elected member of the Grant Parish Police Jury. Mr. Collins owns a construction company that has done contract work for CLECO for over 20 years.
CLECO has had a standard non-exclusive franchise agreement with the parish, which is required of all public utilities that operate in the parish. The franchise agreement between CLECO and the parish grants CLECO the right, privilege and franchise to erect, construct, maintain and operate equipment for the distribution of electricity in the parish. The agreement requires parish approval to place and relocate equipment on public roads and public ways that are not part of the state highway system; and, that any expenses on the part of the parish with respect to such, shall be at the expense of CLECO.
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The Board, at its April 20, 2012 meeting, deferred consideration of this matter to allow staff time to gather information concerning past opinions addressing this issue. Furthermore, it was mentioned that Mr. Collins resigned from the police jury, but that he would still like the opinion because he would like to run for the seat when the election to fill the vacancy is scheduled.
SB 658, which would have created an exception in this situation, did not get out of committee.
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Section 1111C(2)(d) of the Code prohibits a public servant from receiving a thing of economic value for services provided to a person that has or seeks a business, financial or contractual relationship with the public servant's agency.
A summary of prior cases is attached which provides a summary of the cases referred to in the request as well as other cases. Also included in the attachment are copies of the opinions.
BD 82-02D is a prior Board opinion that was created to provide an exception for rank and file employees of companies who were elected to public office and worked for a company that had a contractual relationship with their agency. The following criteria must be met for the application: salaried employee (no commissions to be received), does not own a controlling interest in the company, is not an officer, director, trustee, partner of the company, was employed prior to the contract between his governmental agency and his private employer and his salary is unaffected by the contractual relationship. The exception has since been extended to public employees, but not to appointed member of a board or commission and to companies of a public servant that render the services.
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Reject the emergency opinion, since he is no longer in office. Issue the proposed advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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