| Advisory opinion request from Francis Keller regarding his continued receipt of waste tires from the Avoyelles Parish Police Jury if he is appointed to the Planning Commission by the Police Jury. |
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On December 13, 2022, the Avoyelles Parish Police Jury ("Police Jury") awarded a waste tire bid to Francis Keller's company, 4 K Farm & Trucking LLC, which receives waste tires from the Police Jury that have been collected from roadsides or delivered to the Parish Dump. Mr. Keller's company transports these waste tires to a Louisiana Department of Environmental Quality processing facility. Mr. Keller and 4 K Farm & Trucking LLC do not receive compensation from the Police Jury for this service. The waste tire bid Mr. Keller was awarded is under the supervision of the Police Jury's Public Works Department.
The Police Jury would like to appoint Mr. Keller to the Avoyelles Parish's Planning Commission. The Planning Commission consists of nine (9) uncompensated members who are all appointed by the Police Jury. The Planning Commission is in the Parish's Permits Department.
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La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into…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" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. (vi) For public servants of political subdivisions, it shall 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; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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