| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) prohibits the Village
of Forest from contracting with VOLTEC while the Mayor's nephew is employed with
VOLTEC. |
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Larry Denmon stated that he is currently serving as the Mayor of the Village of Forest. Prior to him becoming Mayor his brother, Terry Denmon's company, Demon Engineering, served as the engineer for the Village of Forest. To avoid a conflict, his brother sold his company, Demon Engineering, to VOLTEC. His brother retained no ownership in VOLTEC. However, his brother's son, Randy Denmon, is employed by VOLTEC. The Village would like to contract with VOLTEC for water and road projects.
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La. R.S. 42:1113A(1)(a) prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering 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(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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