| Advisory Opinion request from Earnestine Horn, regarding her son-in-law entering into transactions with the Cameron Parish Police Jury. |
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Earnestine Horn intends to be a candidate for the Cameron Parish Police Jury. Her son-in-law, Mitch Thomas, operates K&M Engineering. Cameron Parish has a population of 5,617 as of the 2020 federal census.
Ms. Horn asks whether her son-in-law's company would be prohibited from entering into contracts to perform work for Cameron Parish or any of its agencies, in the event she is elected as a member of the Cameron Parish Police Jury.
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La. R.S. 42:1113(A)(1)(a): 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. 42:1114(A): Each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall file public disclosure statements with the Board by May 15 of each year.
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 and for the elected or appointed chief executive of a governmental entity, 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 political subdivision to which the elected official is elected.
La. R.S. 42:1102(13) defines "immediate family member" to include the spouse of a public servant's child.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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