| Advisory opinion request regarding whether Young Investment Group, owned by Henry Young, may become a vendor for the West Feliciana Parish School Board while Mr. Young's wife is a School Board employee. |
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Henry Todd Young is the sole member/manager of Young Investment Group, L.L.C. Mr. Young's wife, Tanda Young, is employed as the Sales Tax Administrator in the Sales Tax Office of the West Feliciana Parish School Board ("School Board"). Mr. Young wants his company to be selected as one of the School Board's 403(b) retirement plan vendors. The Human Resources Department and the Superintendent are responsible for vetting the 403(b) vendors, who are under the supervision of the Human Resources Department. The Sales Tax Office has no supervision or authority over the School Board's 403(b) vendors, and Mr. Young's wife is not involved in the School Board's 403(b) vendor selection process.
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La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of 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.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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