| A request for an advisory opinion from the Franklin Parish Police Jury (pop. 20,767) relative to a cooperative endeavor agreement between the parish and the wife and daughter of a parish employee. |
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The Franklin Parish Police Jury would like to repair the drainage structure of Bayou Macon Cut-Off No. 3 to revitalize the waterbody and promote both personal and recreational enjoyment for the public.
To accomplish the repair it is necessary to clear trees and debris and provide dirt for the build-up of project areas.
Kent Thornton, an equipment operator employed with the police jury, has a wife and daughter whose separate property lies along the Bayou Macon.
The wife and daughter would like to enter into a cooperative endeavor agreement with Franklin Parish whereby the parish would be allowed to clear the necessary trees and debris in order to access the drainage structure and Kent Thornton would allow the police jury to use the dirt for the build-up of the project areas and pile and bury the debris on his property. The parish would use its equipment to excavate the dirt, pile and bury debris.
Alternatively, the wife and daughter would like to grant the parish a right-of-way to allow clearing of the trees and debris to access the drainage structure and Kent Thornton would donate the dirt from his property for the build-up of the project.
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La. R.S. 42:1113A(1)(a) prohibits a public servant or member of such public servant's immediate family from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a)(vi) defines "agency for public servants of political subdivision" to mean the agency in which the public servant serves.
La. R.S. 42:1123(30) allows a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family, to donate services, movable property, or funds to his agency.
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To be made at the meeting.
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| Assigned Attorney: |
Greg Thibodeaux |
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