Agenda Item
Docket No. 23-774
Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits Tommy Budde, a member of the City of Harahan Council, from participating as an evaluator on an Evaluation Committee for a Request for Proposal involving a garbage collection contract.
The Mayor of Harahan has the sole authority and responsibility to issue Request for Proposals, identify members of an Evaluation Committee, negotiate contracts, and execute contracts without the necessity of input or approval by the City of Harahan Council. The Mayor of Harahan is in the process of issuing a Request for Proposal involving a new garbage collection contract. The Request for Proposal will identify the members of an Evaluation Committee, which would include employees of the City of Harahan and a member of the City Council. Based on Mr. Budde's education, experience and background, the Mayor believes that Mr. Budde would be a beneficial member of the Evaluation Committee. The Mayor intends to name Mr. Budde as the City Council member on the Evaluation Committee in the Request for Proposal. There is no compensation received by the members of the Evaluation Committee. Once the contract is awarded, there will be a line item on the budget that will be approved by the City Council.
La. R.S. 42:1113A(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.
Adopt proposed advisory opinion.
Assigned Attorney: Tracy Barker
2023-774- Amended AO Request - Tommy Budde
2023-774 - Advisory Opinion Draft - Budde