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Last modified
7/12/2021 10:27:26 AM
Creation date
8/20/2018 2:03:11 PM
Metadata
2018-776
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-776
Requesting Party
Eric P. Duplantis
Decision Date
8/17/2018
Law
La. R.S. 42:1111C(2)(d)
Caption
St. Mary Parish would not be prohibited from transacting business with a company that employs a St. Mary councilman provided the councilman is a wage-earning or salaried employee, his salary would be unaffected by the contractual relationship between the company and St. Mary Parish, the councilman owns no more than 25% of the company and is not an officer, director, trustee, or partner of the company.
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-2- <br /> * * * * * <br /> 2_ <br /> * * * * * <br /> 1112. Participation in certain transactions <br /> involving the governmental entity <br /> * * * * * <br /> B. No public servant, except as provided in <br /> R.S. 42:1120, shall participate in a transaction <br /> involving the governmental entity in which, to his <br /> actual -knowledge, any of the following persons has a <br /> substantial economic interest: <br /> * * * * * <br /> (3) Any person of which he is an officer, <br /> director, trustee, partner, or employee." <br /> The application of Section 1112 B(3) permits of more succinct <br /> analysis than does the application of Section 1111 C(2)(d); accordingly, <br /> the Board will consider firstly the provisions of Section 1112 B(3) of <br /> the Code. <br /> I. <br /> SECTION 1112 B(3) <br /> "Participate" as used in Section 1112 B(3) of the Code has <br /> been defined in Section 1102 (15) of the Code as follows: <br /> "1102. Definitions <br /> * * * * * <br /> (15) 'Participate' means to take part in or to <br /> have or share responsibility for action of a <br /> governmental entity or a proceeding, personally, as <br /> a public servant of the governmental entity, through <br /> approval, disapproval, decision, recommendation, the <br /> rendering of advice, investigation, or the failure <br /> to act or perform a duty." <br />
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