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Advisory opinion request regarding various ethical issues facing the Cameron Parish Police Jury. |
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A) Police Juror Darryl Farque is employed by Ange's K-jon a portable toilet company in Lake Charles Louisiana. Mr Farque is a salaried employee has no ownership interest in this company and does not receive a commission on rentals or sales. Occasionally the Cameron Parish Police Jury has a requirement for portable toilets. May K-jon contract with the Cameron Parish Police Jury?
B) Police Juror Kirk Quinn is employed by Bobcat of Lake Charles a dealership in Lake Charles, Louisiana. The company rents sells excavators and earth moving equipment. Mr Quinn is a salaried employee has no ownership in this company and does not receive a commission on sales or rentals. The Police Jury is interested in renting or purchasing a Bobcat excavator. May Bobcat of Lake Charles contract with the Cameron Parish Police Jury?
C) Police Juror Kirk Burleigh owns and operates his own business Cameron Fire and Equipment located in Cameron Louisiana. Occasionally the Police Jury and other parish governmental entities are in need of purchasing fire equipment or obtaining fire related services. May the Cameron Fire and Equipment contract with the Cameron Parish Police Jury Is there any distinction if the contracted amount is less than $10,000 or less than $30,000.
D) Charlie Olivier is an employee of a Police Jury assigned to the Cameron Parish Water Works District No 1. Mr Olivier and his wife own and operate a commercial office cleaning business Carolyn's Cleaning Service. May Mr. or Mrs. Olivier contract with the Police Jury or any other parish governmental entity?
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La. R.S. 42:1112B(3) prohibits a public servant from participating in matters involving his agency and his employer.
La. R.S. 42:1112B(5) No public servant except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which any legal entity which the owns an interest which exceeds 25% has a substantial economic interest.
La. R.S. 42:1120 if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning this matter, provided he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is subject of the discussion or debate.
La. R.S. 42:1111C(2)(d) of the Code prohibits a public servant from rendering services for compensation to a person who has or is seeking contractual, or other financial relationship with his agency.
BD 82-02D allows for an elected official to continue his employment that Section 1111C(2)(d) would otherwise prohibit if he meets the following criteria: 1) is a regularly compensated employee (salaried or wage-worker), 2) receives a salary that is unaffected by the relationship between the employer and the governmental entity; 3) owns less that 25% of the employer; and 4) is neither an officer, director, trustee nor partner of the employer.
La. R.S. 42:1113A No public servant, excluding any legislator and any appointed board member or commission and any member of a governing authority of a parish with a population of 10,000 or less, or their immediate family member or a legal entity in which he owns in excess of 25% from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42: 1102(11) "Governing Authority" means the body which exercises the legislative function of a political subdivision.
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Adopt the proposed advisory opinioin.
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| Assigned Attorney: |
Suzanne Mooney |
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