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Request for approval of purchasing plan for Town of Mamou regarding E&R Pest Control, which is owned by Ernie Deloach, the brother-in-law of Robin Young, a member of the Board of Aldermen for the Town of Mamou (Pop. 2,936) in Evangeline Parish. |
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Robin Young is an elected member of the Board of Aldermen for the Town of Mamou. Mr. Young's brother-in-law is Ernie Deloach, who owns and operates E&R Pest Services LLC ("E&R Pest Control"). E&R Pest Control is the only local business to provide mosquito abatement services in the area. Mayor Deshotel asks that the Town of Mamou be allowed to contract with E & R Pest Control to provide mosquito abatement services. The population of the Town of Mamou was 2,936 as of the 2020 census.
PROPOSED PLAN
Pursuant to La. R.S. 42:1123(22), the Town of Mamou has proposed that the Town will contract with E&R Pest Control to provide services to the mosquito abatement program. Councilman Robin Young shall recuse himself from participating in all matters involving the services. All transactions will be handled on behalf of the Town of Mamou by Mayor Leisa Deshotel, or her designee. The Town of Mamou will seek quotations for the services. Councilman Robin Young will file quarterly affidavits with the Board as required by La. R.S. 42:1123(22).
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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.
EXCEPTION:
La. R.S. 42:1123(22)(a): Any mayor or member of a governing authority of a municipality with a population of five thousand or less, or an immediate family member of such a mayor or governing authority member, or legal entity in which such a mayor, governing authority member, or immediate family member has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality.
(b) A transaction allowed by Subparagraph (a) of this Paragraph may only be entered into if the municipality submits a plan to the Louisiana Board of Ethics for approval and the board approves the plan. The municipality's plan shall be developed in accordance with the following:
(i) The elected official involved shall immediately recuse himself from acting in his governmental capacity in matters affecting the transaction and file quarterly affidavits concerning the recusal with the clerk of the municipality and the board. The affidavits shall set out the name and address of the elected official, the name and population of the municipality, and a description of the transactions involving the elected official, his immediate family member, or his or his immediate family member's legal entity that occurred during the preceding quarter. The plan of the municipality shall set out the due dates of the quarterly affidavits.
(ii) The plan developed by the municipality shall address how the transactions shall be supervised after the elected official is recused.
(iii) Individual transactions of two hundred fifty dollars or less shall not be subject to the provisions contained in Items (iv) and (v) of this Subparagraph until such transactions involving a single elected official or a legal entity in which he owns a controlling interest or an immediate family member or a legal entity in which he owns a controlling interest exceed two thousand five hundred dollars in the aggregate within the calendar year; thereafter the provisions contained in Items (iv) and (v) of this Subparagraph shall apply.
(iv) For transactions in excess of two hundred fifty dollars, but less than two thousand five hundred dollars, telephone quotations with written confirmation or facsimile quotations shall be solicited from at least three vendors within the municipality, the parish, or within a fifty-mile radius of the municipality. However, in the case of an emergency, no quotations shall be required so long as the elected official recuses himself from the transaction and files an affidavit as required in Item (i) of this Subparagraph within three business days of the occurrence of the transaction. "Emergency" shall be defined in the plan adopted by the municipality and subject to board approval.
(v) In the case of a transaction in excess of two hundred fifty dollars but less than two thousand five hundred dollars, if the quotation submitted by the elected official, his immediate family member, or legal entity in which the elected official or his immediate family member has a controlling interest is the lowest bid received by the municipality the transaction is allowed. The plan adopted by the municipality and subject to board approval may specify situations in which a quotation submitted by the elected official, his immediate family member, or his or his immediate family member's legal entity may be accepted even if it was not the lowest bid received by the municipality.
(vi) An elected official, his immediate family member, or legal entity in which the elected official or his immediate family member has a controlling interest may enter into transactions with the municipality in excess of two thousand five hundred dollars only after written invitations are sent to at least three bona fide qualified bidders, other than the elected official, his immediate family member, or his or his immediate family member's legal entity, and upon specific advance approval by the board. Any such request for approval shall include the details of the proposed transaction, a copy of the written invitation, copies of the bids received in response to the invitation, and the method of recusal developed by the municipality. The plan developed by the municipality shall set out the details of the bid process.
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.
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Approve the proposed purchasing plan and adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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