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Request for an advisory opinion regarding whether the employer of Lafourche Parish Fire District No. 1 Assistant Fire Chief, Aaron Griffin, may bid on and be awarded a contract with the fire district. |
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The Lafourche Parish Fire District No. 1 is in the process of purchasing a fire truck. Bids have been submitted and opened. The awarding of the bid was scheduled to take place on June 5, 2013.
Two bids were received. One of the bids is by Ferrara Fire Apparatus, the employer of the Assistant Fire Chief Aaron Griffin. Assistant Fire Chief Griffin is a volunteer fireman. His father, Mr. Lester Griffin, is a District Board member. As part of the purchasing process, the District has created an Apparatus Committee. The membership of the committee consists of six volunteers and one district board member. Aaron Griffin is a committee member. It is the committee's job to design a truck based upon the needs of the department. The committee submits the proposed design to the district board for approval or rejection. Once the design is approved, bids go out. When the bids come back, the Apparatus Committee evaluates the bids for responsiveness and provides the evaluations to the District Board. The Board awards the bids.
It is the understanding of Ms. Orgeron that the assistant chief had no input on the bid or purchase of the truck. Based upon the foregoing, Assistant District Attorney Orgeron seeks the Board's advice as to whether the exception provided by R.S. 42:1123(35) is applicable in the present situation since Mr. Griffin is a volunteer assistant fire chief.
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Section 1111C(2)(d) of the Code of Ethics prohibits a public servant from accepting anything of economic value from a person who has or is seeking to have a business or financial relationship with the public servant's agency.
Section 1123(35) allows a volunteer fireman, or a legal entity in which he has an interest, to bid on and enter into a contract, subcontract, or other transaction under the supervision or jurisdiction of his agency provided that he is not compensated for his service as a fireman, he is not an agency head, and he does not participate on behalf of his agency in connection with the contract, subcontract, or other transaction.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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