Agenda Item
Docket No. 13-294
Advisory opinion request reguarding a potential conflict of interest between Eric Miller a candidate for Kenner City Council in 2014 and his wife's company Miller Foto of Kenner, LLC.
Eric Miller is running for the Kenner City Council, District 4, Jefferson Parish in the spring of 2014. He wants to know if his family business may continue to contract with Booster Clubs and Soccer leagues. His wife Yvonne Miller owns a youth sports photography company called Miller Foto of Kenner, LLC. Mrs. Miller is the director of the company.

Mr. Miller currently works for Miller Foto full time as its business and general manager. Miller Foto contracts with private Booster Clubs and Soccer Leagues to take photos and in return they receive a commission from the company. The agreements are usually exclusive for a certain amount of time. While the playgrounds are owned and operated by the City of Kenner and/or Parish of Jefferson the agreements are not with the City or Parish but directly with the private booster clubs and soccer leagues that are 501(c)3's.

According to IRS rules the booster clubs and soccer leagues are not run or controlled by the city or parish and they do not have any say in its operation. The parish has no say in how the clubs raise or spend money. The booster clubs or soccer leagues raise money from companies to buy uniforms and equipment.

La. R.S. 42:1112B No public servant, except as provided in R.S. 1120, shall participate in a transaction involving the governmental entity in which he has actual knowledge, (1) any member of his immediate family, (3) any person of which he is an employee has a substantial economic interest.

La. R.S. 42:1113A No public servant or member of his immediate family or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontrat, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

Adopt the proposed advisory opinion.

Assigned Attorney: Suzanne Mooney
2013-294 draft opinion
2013-294- Advisory Opinion Request