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Advisory opinion regarding whether Firmin Construction Corporation may bid on public works projects at a time when the owner, H.P. Firmin, III, serves as a member of the Baton Rouge Construction Board of Appeals and the City of Central Construction Board of Appeals. |
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Firmin Construction Corporation is a company owned by H.P. Firmin, III. H.P. Firmin, III serves as a member of the Baton Rouge Construction Board of Appeals and the City of Central Construction Board of Appeals. Mr. Firmin receives no compensation for his service on these boards.
The Board of Appeals hears cases in which a property owner fails to meet the life safety or building code for some reason in which the code does not specifically address. The property owner states his case and offers a mitigating alternative and the Board of Appeals votes to allow or disallow the variance. A hold harmless agreement is always executed by the property owners and filed at the Clerk of Court for a permanent record of that property.
Firmin Construction would like to bid on public works projects.
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La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate family member, or a legal entity in which they have a substantial economic interest, from entering into or being in any way interested in a transaction that is under the supervision or jurisdiction of the board or commission.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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