Agenda Item
Docket No. 22-981
Advisory opinion request submitted on behalf of the Iberville Parish School Board regarding whether La. R.S. 42:1113A prohibits the Iberville Parish School Board's Maintenance Department from entering into a contract with Barker Brothers Plumbing while James Barker is employed with the Iberville Parish School Board's Maintenance Department.
Jude Barker owns Barker Brothers Plumbing. Jude Barker is the brother of James Barker. James Barker is employed by the Iberville Parish School's Maintenance Department. James Barker is Supervised by Evan Cagnolatti. James Barker has no decision making authority over contracts with the Iberville Parish School's Maintenance Department.
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(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(19) defines "public servant" as a public employee or elected official.

La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.

Adopt draft advisory opinion.
Assigned Attorney: Suzanne Mooney
2022-981 - AO agenda
2022-981- Advisory Opinion Draft - McCain