Meetings
 
Agenda Item
Docket No. 22-206
 
Print
RE:
Request for an advisory opinion concerning the City Attorney for City of Bossier City entering into a contract with the father of the City's Chief Administrative Officer.
Facts:
The City is in the process of selecting a new Chief of Police. The City Attorney has proposed entering into a consulting contract with a retired member of the Bossier City Police Department who has extensive experience in police administration, staffing, and organization. The City Attorney would like to contract with CN Consulting, LLC, which is owned by Cynthia Nerren, who is the wife of Terrell Dale Teutsch. Mr. Teutsch was employed by the Bossier City Police Department for more than 37 years prior to his retirement in 2009. Mr. Teutsch would provide the services to the City through CN Consulting, LLC's contract with the City. Mr. Teutsch's daughter is the Chief Administrative Officer for the City.


The City of Bossier City Home Rule Charter provides the following:

1. Section 4.06 provides that the mayor has the following powers and duties: (c) appoint, suspend or remove any city employee, (d) direct and supervise the administration of all city departments, (l) "may delegate authority for operation and management of all or some, City departments and all resources therein, with the exception of the City Attorney," and (n) appoint the police chief, and shall not require city council confirmation.

2. Section 7.02 - The mayor shall be the head of the Department of Public affairs and provides that the mayor shall establish policy and management regulation consistent with the city charter and ordinances, and prescribe the duties and responsibilities of all city employees.

3. Section 7.03 - The Chief Administrative Officer shall serve as executive and administrative assistant to the mayor, performing such duties as assigned by the mayor.


4. Section 8.01 - The legal department shall provide legal guidance to the mayor, city council and all departments of city government.

5. Section 8.02 - The city attorney shall be responsible for and be the head of the legal department.

6. Section 17.02 - The police chief shall be the head of the police department, which includes an administrative services division.

7. Section 17.03 - The administrative services division shall be under the direction of the police chief, or his designee the deputy police chief, to provide the following functions: planning and research; personnel, purchasing; budget and payroll; internal affairs; and public information.

Law:
R.S. 42:1113A(1) provides that "[n]o public servant, . . ., 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."


Definitions - R.S. 42:1102

(13) "Immediate family" means a public servant's children, the spouse of his children, his siblings and their spouses, his parents, his spouse and his spouse's parents.

(18)(a)(i) "Public employee" includes an administrative officer or official of a governmental entity who is not filling an elected office.


(2)(a)(vi) "Agency" for a public servant of a political subdivision means the "agency in which the public servant services, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity."

(23) "transaction involving the governmental entity" means "any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant . . . in question knows or should know: (a) is, or will be, the subjection of action by the governmental entity. (b) is one to which the governmental entity is or will be a party. (c) is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency."


Recommendations:
Adopt draft of advisory opinion.
Assigned Attorney: Kathleen Allen
 
 
ATTACHMENTS:
Description:
2022-206 - Advisory Opinion Draft - Bossier City
2022-206 - Advisory Opinion regarding the Bossier City Police Department contracting with a former employee
2022-206- Contract CN Consulting LLC
2022-206- COBC Org Chart 2022
2022-206- Email R Richard - additional org charts 052022
2022-206- COBC Org Chart - complete - 2022 (00000002)