Meetings
 
Agenda Item
Docket No. 12-1171
 
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RE:
Advisory opinion request regarding whether Paul Johnson may be appointed to the Jefferson Parish Charter Advisory Committee at a time when his company has a contractual relationship with the Jefferson Parish Council.
Facts:
Paul Johnson is the President and owner of Phoenix Global Engineering & Construction, Inc. ("Phoenix"). Phoenix has several contracts with Jefferson Parish Council to provide engineering services as well as temporary janitorial services.

The Jefferson Parish Charter requires an advisory committee be appointed once every ten years to review the Jefferson Parish Charter. Each member of the Jefferson Parish Council must appoint one person to the Jefferson Parish Charter Advisory Committee. A councilman has nominated Mr. Johnson to be appointed to the Jefferson Parish Charter Committee.

Law:
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.

La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-1171- Emergency Advisory Opinion Request
2012-1171 Draft OPinion
2012-1171- Phoenix Alario - email attachment
2012-1171- Phoenix as sub - email attachment
2012-1171- Phoenix engineering - email attachment