Meetings
 
Agenda Item
Docket No. 24-839
 
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RE:
Advisory Opinion request on behalf of the Coulee Croche Fire Protection District No. 4 as to whether the Code of Governmental Ethics ("Code") prohibits Fire Chief Ervin Menard from contracting to provide lawn care services.
Facts:
The Coulee Croche Fire Protection District No. 4 ("Fire District") was created by ordinance of the St. Landry Parish Council. Ervin Menard serves as the volunteer Fire Chief for the Fire District. Mr. Menard has previously provided lawn care services to the Fire District's property without compensation. The Fire District asks whether Mr. Menard can now enter into a contract with the Fire District to provide compensated lawn care services.
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(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 and includes public employees of parishes.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; … (iii) engaged in the performance of a governmental function; or (iv) under the supervision or jurisdiction of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to include a public employee or elected official.
La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" as 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.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2024-839- Signed RAO
2024-839- Additional Information
2024-839 - Advisory Opinion Draft - Menard