| 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. |
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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.
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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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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