| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits transactions between the
sister-in-law of the Chief Deputy of the Webster Parish Sheriff Office and the
Department. |
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Candi Haynes is the sister-in-law of the Chief Deputy of the
Webster Parish Sheriff's Office ("WPSO"), Chief Deputy O.H. "Hank" Haynes, IV." The
Webster Parish Sheriff's Office currently procures its health insurance through
a local agent. Candi Haynes is considering purchasing the "book of business"
from this local agent. This acquisition would include the health insurance
policies currently held by WPSO.
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La. R.S. 42:1112B(1) states
that no public servant, except as provided in R.S. 42:1120, shall participate
in a transaction involving the governmental entity in which, to his actual
knowledge, any member of his immediate family has a substantial economic
interest.
La. R.S. 42:1113A(1)(a)
states no public servant, excluding any legislator and any appointed member of
any board of 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)(vi)
defines "agency" for public servants of political
subdivisions to 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" means
a public employee or an elected official.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Rich |
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