| Advisory Opinion request from Candy Bertrand, employee of the City of St. Martinville (the "City") relating to purchase of adjudicated properties. |
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Ms. Bertrand currently serves as the office manager for the City.
Together with her spouse, she owns J&C Properties of Acadiana, LLC, a Louisiana limited liability company ("J&C Properties").
In April 2025, the City entered into a contract with E&P Consulting, LLC, a Louisiana limited liability company ("E&P Consulting"), whereby E&P Consulting would handle the auction and sale of adjudicated properties owned by the City.
J&C Properties has paid administrative fees to E&P Consulting to begin the process of purchasing certain adjudicated properties. Ms. Bertrand also notes that J&C Properties handles the grass cutting on certain adjudicated properties.
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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. 42:1113A(1)(c)(i) This Paragraph shall not prohibit a public servant, any member of the public servant's immediate family, or a legal entity in which the public servant has an interest from obtaining basic governmental services from his agency, or entering into transactions arising from the administration or enforcement of basic governmental regulations by his agency, which services or regulations are applicable to members of the general public.
(ii) For purposes of this Section, "basic governmental services" shall include water, sewer, solid waste disposal, police protection, fire protection, public education, recreation, and other similar services afforded to the general public.
(iii) For purposes of this Section, "basic governmental regulations" include taxation, permitting, licensing, inspections, code enforcement, law enforcement, and other similar regulations applicable to the general public.
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| Assigned Attorney: |
Charles Reeves |
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