Meetings
 
Agenda Item
Docket No. 24-628
 
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RE:
Advisory Opinion request from Mark Kerry, an elected member of the Natchitoches Parish Council, regarding his service as an appointed member of the Board of Commissioners for the Natchitoches Parish Fire District No. 1.
Facts:
Mark Kerry is an elected member of the Natchitoches Parish Council with his term beginning on January 8, 2024. Prior to his election, Mr. Kerry has served as an uncompensated member of the Board of Commissioners for the Natchitoches Parish Fire District No. 1 ("Fire District"). The Natchitoches Parish Council is responsible for appointing members to the Fire District Board. Mr. Kerry asks whether he can continue his service as an appointed member of the Fire District Board.
Law:
La. R.S. 42:1113(A)(1)(a): No public servant…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 provides the following relevant definitions:
(2)(a)(vi) "agency" for public servants of political subdivisions, 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;
(9) "elected official" means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate.
(11) "Governing authority" means the body which exercises the legislative functions of a political subdivision.
(12) "Governmental entity" means the state or any political subdivision … to which the elected official is elected.
(23) "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2024-628 - AO
2024-628 - Advisory Opinion Draft - Kerry