| Request for an advisory opinion from Dr. Latricia Kyle as to whether she may enter into the purchase of property from a governing authority of which her biological brother is a member. |
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You are interested in purchasing property that has been adjudicated to Madison Parish, Louisiana. Your biological brother, Dave Wilson, III, is the Police Juror for District 3 of Madison Parish. Mr. Wilson, though biologically your brother, was adopted at birth by another family, Mr. and Mrs. Dave Wilson, Jr.
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La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. C.C. Art. 199 provides that upon adoption, the adopting parent becomes the parent of the child for all purposes and the filiation between the child and his legal parent is terminated, except as otherwise provided by law.
Advisory Opinion No. 2012-2153 held that Mr. Wilson would not be considered an immediate family of his biological mother for the purposes of the Code of Governmental Ethics.
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| Assigned Attorney: |
Charles Reeves |
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