Meetings
 
Agenda Item
Docket No. 24-801
 
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RE:
Advisory Opinion Request from Assumption Parish Police Jury (the "Police Jury") as to whether the Code of Governmental Ethics (the "Code") limits the ability of the Police Jury to appoint members of its evaluation team to review the selection of contractors.
Facts:
The Police Jury is the governing authority for Assumption Parish (the "Parish"). The Police Jury currently has an internal policy in which 5 members of the Police Jury serve as an evaluation team (the "Team") which is tasked with selecting contracts who submit bids to the Parish. That policy has been revised to state that the Team will now consist of 4 members of the Police Jury and the Parish department head whose agency will be the department overseeing the services.
Law:
La. R.S. 42:1112 prohibits a public servant from participating in a transaction involving his governmental entity in which he or other certain parties have a substantial economic interest.
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)(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(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.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is 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; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Charles Reeves
 
 
ATTACHMENTS:
Description:
2024-801 - AO
2024-801 - Advisory Opinion Draft - Calabro