| Request for an advisory opinion from Maghen Gagnard, employed by the West Feliciana Parish Sheriff's Office, relative to ownership in a restaurant that employs inmates of the West Feliciana Parish Detention Center. West Feliciana Parish has a population of 15,625. |
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Grady Gagnard and Maghen Shipley Gagnard are husband and wife. Grady Gagnard is employed with the West Feliciana Parish Sheriff's Office as the Warden at the West Feliciana Parish Detention Center. Maghen Gagnard is employed with the West Feliciana Parish Sheriff's Office as the facility coordinator for the Transitional Work Program.
Grady and Maghen Gagnard are the owners of MG3, LLC, a Louisiana business entity that purchased the South of the Border Restaurant in St. Francisville on April 19, 2021.
Also on April 19, 2021 the Gagnards purchased SHAVID, LLC, a Louisiana business entity that operates the South of the Border Restaurant.
SHAVID, LLC employs the workers at the South of the Border, including 4 workers associated with the Transitional Work Program. SHAVID, LLC had entered into a contract with the Transitional Work Program on September 14, 2020 and is set for renewal on September 14, 2021.
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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.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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