| A Request for an Advisory Opinion, submitted by Heather Holland, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit Thomas Holland from being hired as the fire chief, Jackson Parish Ward 4 Fire Protection District. |
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Thomas Holland is currently a volunteer fire fighter for the Ward 4 Fire Protection District ("District"). Mr. Holland also owns a business, On-Scene Fire Services, which provides no services to the District. The District is considering hiring Mr. Holland to be the Fire Chief. Scott Nunn, a member of the District's Board, is also an employee of On-Scene Fire Services.
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La. R.S. 42:1112(B)(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1112(B)(5) prohibits a public servant from participating in a transaction in which the following person has a substantial economic interest: Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
La. R.S. 42:1120.4 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112, he shall recuse himself from voting. Furthermore, the appointed member of the board or commission, who recuses himself, is prohibited from participating in discussion and debate concerning the matter.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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