| Advisory opinion regarding whether the Code of Governmental Ethics permits the appointment of Brian Brown to the
Cameron Parish Waterworks District No. 2 ("Waterworks District") while his father's
store provides services to the Waterworks District. |
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Brian Brown seeks an appointment to the Waterworks District board. Mr. Brown's father owns Brown's Grocery store, the only grocery store/gas station in the unincorporated community of Hackberry. Waterworks District employees purchase gasoline for Waterworks vehicles and grocery items for the office at Brown's Grocery Store on behalf of and paid for by the Waterworks District. Brian Brown has no ownership interest in Brown's Grocery Store. District Attorney Thomas Barrett asks whether any Code violation exists if Mr. Brown is appointed to the Waterworks District board.
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La.R.S. 42:1113B: No appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the department, office, division, agency, commission, board, committee, or other organizational unit in which the public servant serves. Public servants of political subdivisions include employees of parishes.
La. R.S. 42:1102(13) defines "immediate family" member to include a public servant's parent.
La. R.S. 42:1102(18)(ii) defines "public employee" to include an individual who is appointed by any elected official to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof.
La. R.S. 42:1102(19) defines "public servant" to include an elected official or public employee.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Mallory Guillot |
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