| Advisory Opinion from Nicholas Monier, on behalf of Ward Five Fire Protection District (the "District") as to whether the Code of Governmental Ethics allows the District to sell surplus property to the spouse of a member of the Evangeline Parish Police Jury (the "EPPJ"). |
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The District is a fire protection district in Evangeline Parish, Louisiana. The EPPJ has authority over certain aspects of the District's governance, including the appointment of District board members, millage rates, and approval of bond issuances.
The District is considering selling surplus property, and certain members of the EPPJ and their spouses have inquired about purchasing such property.
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La. R.S. 42:1113A(1)(a) 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) provides that La. R.S. 42:1113A 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.
La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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 "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate
La. R.S. 42:1102(12) 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(18) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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