| Advisory Opinion request from Adam Chauvin on behalf of Trinity Education Services LLC entering into an internship agreement with Lafourche Ambulance Service District No. 1. |
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Trinity Education Solutions LLC ("Trinity") offers fire, safety, and emergency medical certification courses to residents and first responders in Southeast Louisiana. Students pay tuition to Trinity. As part of their courses, students must complete a certain number of internship hours at a local emergency response agency of their choice Adam Chauvin and Robby Lefort each own 50% of Trinity.
Lafourche Ambulance District No. 1. ("District") provides emergency response services in Lafourche Parish. Norman Lefort is an appointed member of the District's Board of Commissioners. Norman Lefort is Robby Lefort's brother. The District also employs Mr. Chauvin as an EMT Basic.
Mr. Chauvin asks whether Trinity can enter into an internship agreement with the District. The District will require a formal agreement with Trinity to host the students for liability purposes. Mr. Chauvin is not involved with approving any such internship agreement in his capacity as an employee of the District.
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La. R.S. 42:1113A(1)(a): No public servant, ... 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. 42:1113B: 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 have a substantial economic interest 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(8) defines "controlling interest" to mean any ownership in any legal entity ... which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(13) defines "immediate family" member to include a public servant's sibling.
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.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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