| Advisory Opinion Request from Edward V. Lepre, Chief of Harahan Police Department, regarding the ownership and operation of a private business. |
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Chief Lepre was elected Chief of Police for the City of Harahan in the November 8, 2022 election. He took office as Chief of Police on January 1, 2023.
Prior to his election, he previously operated a drug-testing business which he sold. That sale included a non-compete restriction, which lapsed in December 2023. No longer restricted by his non-compete provision, Chief Lepre would like to re-enter the drug-testing business by forming a company (the "Subject Company") with his son. He would be a 50% owner of the Subject Company, and the Subject Company would generally be involved with providing drug-testing services for private companies. The Subject Company would not have any contracts with HPD and would not do any business under the supervision of HPD.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a 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)(i) 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(19) defines "public servant" to mean a public employee or elected official.
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 proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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