| Advisory opinion request regarding whether the Louisiana Code of Governmental Ethics ("Code") would prevent Trenton Broussard, an employee of the Streets Department of the City of Jennings from bidding on work with the Inspectors Office. (Jennings population 9,387) |
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Mr. Broussard provided that he is employed as a laborer with the City of Jennings in the
Streets Department. He also owns and operates Pro Tractor Worx, LLC which is a
bush hog /dirt business. He only conducts work for Pro Tractor Worx on his
time off from his job in the Streets Department. The Inspectors Office is responsible for neglected and blighted properties in town,
which includes clearing debris and cutting grass on those properties. If the
property owner fails to comply after proper notification from the City
Inspectors Office, then the City Inspectors Office accepts bids to clear the
property. Once the work is complete, the City Inspectors Office authorizes the
City to make payment for the work and the non-compliant property owner is
billed for the cost. The Streets Department does not work on neglected or
blighted properties.
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La. R.S. 42:1113A(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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. R.S. 42:1102(2)(a)
defines "agency" to mean
a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For purposes of this Chapter, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i) … in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission; (vi) for public servants of political subdivisions, it shall mean the agency in which the public servant serves.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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