| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits a company owned by a firefighter with the City of Zachary and Central from contracting with both of these Fire Departments. |
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Noah Rittell is employed full-time as a
firefighter with the Zachary Fire Department ("ZFD") and part-time with the
Central Fire Department ("CFD"). He is considering operating a business named Frontline
Fleet Solutions ("FFS"), which would provide emergency vehicle equipment,
accessories, installation services, and related products to public safety
agencies. Mr. Rittell asks whether the Code would permit him and/or his spouse
to operate such a business in general, to transact with both or either of his
agencies, and to transact with other agencies.
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La. R.S. 42:1113A(1)(a) prohibits public servants, or members of such a public servants' immediate family, or legal entities in which the public servant 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. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
La. R.S. 42:1123(35) provides that any volunteer fireman or uncompensated law enforcement officer or legal entity in which he has an interest may bid on or enter into a contract, subcontract, or other transaction under the supervision and jurisdiction of his agency; provided the volunteer fireman or uncompensated law enforcement officer shall receive no compensation or thing of economic value for his service as a volunteer fireman or uncompensated law enforcement officer, that the volunteer fireman or uncompensated law enforcement officer shall not be an agency head, and that the volunteer fireman or uncompensated law enforcement officer shall not participate on behalf of his agency in any capacity regarding such contract, subcontract, other transaction.
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Adopt proposed Advisory Opinion.
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| Assigned Attorney: |
Kelsey Simmons |
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