| Advisory opinion request regarding whether the Village One Stop may continue to do business with the Village of Morganza if the owner, Paul Wells, a candidate for alderman of the Village of Morganza, is elected. |
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The Village of Morganza only has two gas stations. One of the gas stations is the Village One Stop, which is owned by Paul Wells. Paul Wells is a candidate for the Village Board of Alderman. The Mayor of Morganza Clarence "Woots" Wells wants to know if Paul Wells is elected can the Village still purchase gas from the Village One Stop. The population of Morganza from the last census is 626.
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BD AO No. 2020-447and BD AO 2020-909 provide examples of prior opinions and quarterly plans under the exception found in La. R.S. 42:1123(22).
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La. R.S. 42:1113(A)(1)(a) 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. R.S. 42:1123(22) provides that any mayor or member of a governing authority of a municipality with a population of five thousand or less, or legal entity in which he has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality provided that the transactions are under the supervision or jurisdiction of the municipality and the municipality submits a plan to the Board of Ethics for approval in accordance with this Section.
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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