| Advisory opinion regarding whether a company which employs Chuck Autin, a member of the City of Franklin Council, may sell cars to the City of Franklin. |
|
|
Mr. Autin is on the Franklin City Council. He states that he is employed part-time with Lapeyrouse Motors in Jeanerette, La. He states that Lapeyrouse Motors would like to sell cars to the City of Franklin. The City of Franklin does not have a car dealership located in the City. Lapeyrouse is located in Iberia Parish. Mr. Autin states that he will not obtain any monies if the dealership is permitted to sell cars to the City of Franklin, nor will he participate in the sale of the used cars to the City. Ms. Autin states that the City Council does not participate in the decision to purchase cars for the City. Mr. Autin states that purchases with the City are made and approved for by the Mayor. Mr. Autin has no ownership interest in the dealership
|
|
Section 1113 of the Code prohibits a public servant or a legal entity in which he has a controlling interest from entering into a transaction that is under the supervision of the agency of the public servant's agency.
Section 1112 of the Code prohibits a public servant from participating in a transaction with his governmental entity in which he or a legal entity in which he has an interest, or an employer has a substantial economic interest.
Section1111C(2)(d) of the Code prohibits a public servant from accepting compensation from a person who has a business, contractual, or financial relationship with the agency of the public servant. Ethics Docket NO. 82-02d provides an exception to this statute where the public servant meets the following factors: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company. 82-02D does not apply to appointed members of a Board or commission.
Section 1114 of the Code requires a public servant or a member of his immediate family, who derives a thing of economic value, of which, the immediate family member may be reasonably expected to know has bid on or entered into or is in anyway financially interested in any contract or any other transaction under the supervision of the public servant's agency to file a disclosure statement with the Board of Ethics stating the: 1) amount of income, 2) nature of the business, 3) name and address and relationship to the public servant, and 4) the name of the legal entity to which he is employed.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Aneatra Boykin |
|
|