| Advisory opinion regarding whether the Town of Urania may continue to make purchases at a store owned by the son of a candidate for the office of Mayor for the Town of Urania if elected and request for approval of purchasing plan for the Town of Urania pursuant to La. R.S. 42:1123(22)(b). |
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The Town of Urania (the "Town") has a population of 698 according to the 2020 census.
Jay Ivy is the sole candidate for mayor of the Town of Urania in the November 8, 2022 election. Mr. Ivy's son, Thad, is the sole owner of Ivy's LLC (the "General Store"). The General Store has been the primary location for Town employees to purchase gasoline and other work-related items.
The Town has submitted a plan in accordance with La. R.S. 42:1123(22)(b), to be effective upon January 1, 2023, to avoid any violation of the Code. Any purchasing decisions with the General Store would be handled by the agency head of the relevant agency.
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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. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Approve proposed purchasing plan.
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| Assigned Attorney: |
Charles Reeves |
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