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Advisory opinion concerning the propriety of the Ferrara Fire Apparatus, the employer of Aaron Griffin, an assitant fire chief of the Lafourche Parish Fire District No. 1, being 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, however the award of the bid has been deferred until a ruling has been made by the Board of Ethics.
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. Lisa Orgeron, the Assistant District Attorney who requested this opinion, that the assistant chief had no input on the bid or purchase of the truck aside from his role on the Apparatus Committee.
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The Board considered this matter at last month's Board meeting. As a result of a 4 - 4 vote this matter was deferred.
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Section 1111C(2)(d) of the Code of Ethics prohibits a public servant from accepting anything of economic value for services which are performed for or compensated by a person who has or is seeking to have a business or financial relationship with the public servant's agency.
Section 1111C(2)(d) also prohibits a public servant from accepting anything of economic value for services from person who has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's job duties.
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.
BD No. 1982-02D does provide a limited exception to the prohibition contained in Section 1111C(2)(d) which states Section 1111C(2)(d) is inapplicable to public servants who meet the following criteria: 1.) The public servant must be regularly compensated by the non-governmental employer pursuant to a uniform standard (i.e. a salaried or wage-earning employee), 2.) The salary of the public servant is unaffected by the business relationship between the non-governmental employer and the agency of the public servant, 3.) The public servant owns less than a controlling interest in the non-governmental employer, and 4.) the public servant is neither an officer, director, trustee or partner of the non-governmental employer.
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Adopt proposed advisory opinion
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| Assigned Attorney: |
Brent Durham |
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