| Advisory Opinion Request from Brian Spillman, West Feliciana Parish Sheriff, regarding a member of the West Feliciana Parish Council contracting with the Sheriff's Office. |
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Brian Spillman serves as the Sheriff for the Parish of West Feliciana. Sheriff Spillman is seeking an individual to provide services as an ordained minister to the West Feliciana Parish Jail through a contractual agreement with your office. He asks whether an elected member of the West Feliciana Parish Council would be prohibited from entering into such a contractual agreement with his office.
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La. R.S. 42:1113(A)(1)(a): No public servant ... 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(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. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees;
La. R.S. 42:1102(2)(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 any political subdivision to which the elected official is elected.
AO 2004-113: Lafourche Parish Councilman not prohibited by 1113
from entering into contract with Lafourche Sheriff's Office, as they are
two separate agencies.
AO2020-084: St. Tammany Parish Councilman not prohibited by 1113
from entering into contract with 22nd Judicial District Court, as they
are two separate agencies.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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