| Advisory Opinion Request from Johnny Thibodeaux, Mayor of Town of Duson, as to whether the Code of Governmental Ethics (the "Code") permits Aldermen for the Town of Duson (the "Town") who hold volunteer positions with the Duson Volunteer Fire Department (the "Fire Department") to vote on matters relating to a cooperative endeavor agreement between the Town and the Fire Department. |
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The Town is considering entering into a cooperative endeavor agreement with the Fire Department. The Fire Department is a 501(c)(3) non-profit corporation that provides firefighting services within city limits and certain unincorporated areas. Three current Town Aldermen hold volunteer, uncompensated positions with Fire Department: Alderman Colby Duhon serves as volunteer fire chief, Alderman Glenn Cormier serves as treasurer, and Alderman Wade Robin serves as a board member.
The Town's Board of Aldermen must pass a resolution authorizing the mayor to sign the contract and must vote on budget allocations to fund the agreement. The votes of these three Aldermen would be necessary to constitute a quorum.
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La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1123(1) provides an exception for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it 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; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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