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2023-348
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Entry Properties
Last modified
10/15/2024 2:45:14 PM
Creation date
9/13/2024 1:54:45 PM
Metadata
2023-348
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2023-348
Parties Involved
David Spano
Dave's Full Service Automotive, Inc.
Agency at Issue
Tangipahoa Parish School Board Transportation Department
Decision Date
9/6/2024
Law
La. R.S. 42:1113A(1)(a)
Caption
A consent opinion that David Spano d/b/a Dave’s Full Service Automotive, Inc. violated La. R.S. 42:1113A(1)(a) by virtue of entering into transactions with the Tangipahoa Parish School Board Transportation Department to perform school bus services while employed in the Tangipahoa Parish School Board Transportation Department.
Ethics Subject Matters
Prohibited Transactions
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Ethics Board Docket No. 2023-348 <br /> Page 4 of 8 <br /> TPSB bus drivers could use the Fuel Cards wherever they were accepted, including at Dave's Full <br /> Service until 2023, when Dave's Full Service severed ties with the TPSB. <br /> IV. <br /> PROVISIONS OF LAW: <br /> 7. <br /> La. R.S. 42:1113(A)(1)(a): No public servant ... or member of such a public servant's <br /> immediate family, or legal entity in which he has a controlling interest shall bid on or enter into <br /> any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the <br /> agency of such public servant. <br /> 8. <br /> La. R.S. 42:1102 provides the following definitions: <br /> (2)(a)(vi) "Agency" for public servants of political subdivisions, shall mean the agency in <br /> which the public servant serves. Public servants of political subdivisions shall include <br /> public employees of municipalities, parishes, and other political subdivisions. <br /> (8) "Controlling interest" means any ownership in any legal entity or beneficial interest in <br /> a trust, held by or on behalf of an individual or a member of his immediate family, either <br /> individually or collectively, which exceeds twenty-five percent of that legal entity. <br /> 13) "Immediate family" as the term relates to a public servant includes her spouse. <br /> 19) "Public servant" means a public employee or an elected official. <br /> (22)(a) "Transaction involving the governmental entity" means any proceeding, <br /> application, submission, request for a ruling or other determination, contract, claim, case, <br />
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