| Advisory Opinion request from Coby Clavier, member of the St. Landry Parish Council, regarding his employer, Coburn Supply Company, providing parts to vendors of St. Landry Parish. |
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Coby Clavier currently serves as the elected member of the St. Landry Parish Council for District 13. His current term ends on January 7, 2024. The legislative powers of St. Landry Parish Government are vested in the Parish Council pursuant to Section 2-01 of the Home Rule Charter of St. Landry Parish.
Coburn Supply Company, Inc. ("Coburn's"), headquartered in Beaumont, Texas, is a distributor of commercial and residential plumbing, electrical, waterworks, and HVAC products and services. Coburn's operates more than 50 locations serving Texas, Louisiana, Mississippi, Alabama, and Tennessee. Mr. Clavier is employed as the branch manager of the Coburn's location in Eunice. Mr. Clavier has no ownership interest in Coburn's.
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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, except that for members of any governing authority ... it shall mean the governmental entity.
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision to which the elected official is elected. La. R.S. 42:1102(17) defines "political subdivision" to mean any unit of local government authorized by law to perform governmental functions.
La. R.S. 42:1102(19) defines "public servant" to include any elected official.
La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person who has, or is seeking to obtain, a contractual, business, or financial relationship with the public servant's agency.
La. R.S. 42:1102(20.1) defines "service" to mean the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property.
La. R.S. 42:1113(A)(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, 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.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity ... held by an individual ... which exceeds twenty-five percent of that legal entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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