| Request for an advisory opinion from Fairway Consulting and Engineering regarding whether it can contract to provide general engineering services to the City of Mandeville when the owner's wife serves as the Magistrate of the Mayor's Court as an independent contractor. |
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John Catalanotto is the sole owner and president of Fairway Consulting and Engineering. His wife, Rachael Catalanotto is an attorney and recently hired by the City of Mandeville as an independent contractor to serve as Magistrate over the Mayor's Court. As Magistrate, Ms. Catalanotto is not a member of the governing authority, does not review contracts awarded by the city, does not exercise any authority over engineers working for the city, and her agency is separate from the public works department. Further, Ms. Catalanotto is not an owner, officer or employed by Fairway.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for services rendered from a person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1113A(1)(a) prohibits a public servant or member of such a public servant's immediate family, or legal entity in which he has a controlling interest 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.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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