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STATE OF LOUISIANA <br /> 0`5 sous-. DEPARTMENT OF STATE CIVIL SERVICE <br /> :*v <br /> �`�Q��(� �9i: LOUISIANA BOARD OF ETHICS <br /> m rr,, ++'��� �- P.O.BOX 4368 <br /> w, <br /> 1'4Z i. BATON ROUGE,LA 70821 <br /> " (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethicsstatela.us <br /> October 22, 2013 <br /> J. Mitchell Ourso,Jr. <br /> Iberville Parish President <br /> 24070 Kirtley Drive <br /> Plaquemine, LA 70764 <br /> Re: Ethics Board Docket No.2013-1213 <br /> Dear Mr. Ourso: <br /> The Louisiana Board of Ethics, at its October 18, 2013 meeting, considered your request for an advisory <br /> opinion regarding whether the Iberville Parish Council may contract with a company partially owned by <br /> the wife of an employee of the Iberville Parish Council. You stated that the Iberville Parish Council is <br /> considering a project to provide "direct internet access" service to the Courthouse facility and other <br /> building locations under the Parish Council's jurisdiction. The project is being handled by the Parish's <br /> Information Services Department which is under the direct supervision of the Director of Finance. <br /> Iberville Parish Council obtained quotes for the project and the lowest cost for the service was submitted <br /> by Clear Choice Broadband, LLC, d/b/a Clear Choice Communications. Clear Choice Broadband, LLC is <br /> owned by Wayne Triche (60%) and Frances Tempanaro (40%). Frances Tempanaro is the wife of Troy <br /> Tempanaro who serves as the Building Maintenance Supervisor in the Parish's Building Maintenance <br /> Department. Troy Tempanaro and the Building Maintenance Department will not participate in the <br /> awarding of the contract or install any equipment required for the service at the Courthouse or any other <br /> Parish facility. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not <br /> prohibit the Iberville Parish Council from contracting with Clear Choice Broadband, LLC to provide <br /> direct internet access service. Section 1113A of the Code prohibits a public servant, his immediate family <br /> member or a legal entity in which either have a controlling interest from bidding on or entering into a <br /> contract, subcontract or other transaction that is under the supervision or jurisdiction of the public <br /> servant's agency. Section 1102(2)(a) of the Code provides that a public servant's agency is the <br /> department for which the public servant works. Mr. Tempanaro's agency would be the Parish's Building <br /> Maintenance Department. Therefore, his wife's company, Clear Choice Broadband, LLC, would not be <br /> prohibited from contracting with the Parish's Information Services Department to provide these services. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion <br /> as to past conduct or as to laws other than the Code of Governmental Ethics. If you have any questions, <br /> please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> 4d4i1U/k )./e 3. 44- <br /> Jenofer T. Lnd <br /> For the Boar <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />