| Advisory Opinion request from Jamie Madere, a member of the Plaquemines Parish Council on Aging, regarding her husband's businesses transacting with the Plaquemines Port, Harbor & Terminal District. |
|
Jamie Madere serves as a volunteer member of the Plaquemines Parish Council on Aging ("Council on Aging") Board of Directors. The Council on Aging provides services to elderly residents in Plaquemines Parish.
Ms. Madere's husband owns 50% of Madere Holdings, LLC, which operates the subsidiaries Madere & Sons Marine Rental LLC ("Marine Rental") and Deep South Construction & Salvage, LLC ("Deep South"). Both subsidiaries do business with the Plaquemines Parish Port, Harbor & Terminal District ("Port District"), which is an agency of the State of Louisiana pursuant to La. R.S. 34:1351, et seq. The Plaquemines Parish Council operates as the governing authority of the District. Marine Rental leases a dock and submits bids for emergency tug services and barge rentals. Deep South submits bids for emergency marine construction services and for emergency repairs to the ferry landings.
|
|
La. R.S. 42:1113(B): No appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1102(13) defines "immediate family" member to include a public servant's spouse and children.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves.
La. R.S. 42:1102 (19) defines "public servant" to include a public employee. La. R.S. 42:1102(18)(A) defines "public employee" to mean anyone, whether compensated or not, who is performing a governmental function.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|