| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) prohibits Firehouse Concessions, LLC and TJBR Enterprises, LLC, companies owned by Julie Romero, from entering contracts with the City of Crowley while she is employed with the City of Crowley. |
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Julie Romero is a Crowley employee over personnel for the city. Her duties include payroll and insurance for City employees. She is the only employee in personnel for the city. Personnel is under the Crowley Clerk, Shantel Alleman. Shantel Alleman supervises Julie Romero. Julie Romero has been employed with the City of Crowley for over 40 years. Julie Romero and her husband own both Firehouse Concessions, LLC and TJBR Enterprises, LLC.
Your question is twofold.
1. Going forward may Firehouse Concessions, LLC enter a contract with the City to sell concessions for the Recreation District? and
2. Going forward may TJBR Enterprises, LLC enter a contract with the City to supply Janitorial services to the Public Buildings and Drainage Department for the City building housing the Department of Motor Vehicles.
Mayor Monceaux provided that she does not handle City contracts and she does not print or sign City checks. As Mayor, he signs all contracts with the City for its various Department. The supervision over the contract is between you and the specific department engaged in the contract.
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La. R.S. 42:1113(A)(1)(a) No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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 (13) defines "immediate family" as the term relates to a public servant to include her spouse and her father-in-law.
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" as a public employee or elected official.
La. R.S. 42:1161A Every agency head shall file confidential reports with the board or panel on any matters that come to his attention which he believes may constitute a violation of this Chapter which is within the board or panel's jurisdiction.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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