| Advisory opinion request on behalf of the Ouachita Parish Police Jury regarding whether the Code of Governmental Ethics prohibits the appointment of a candidate to the position of Parish Treasurer if the
candidate's immediate family member's company provides engineering services to
the Parish. |
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The Ouachita Parish Police Jury (the
"Parish") seeks to appoint a Parish Treasurer to a two-year term pursuant to
La. R.S. 33:1651. Under administrative direction, the Parish Treasurer performs
professional accounting and administrative work. The Parish Treasurer also
formulates modifications and/or improvements to policies and procedures related
to departmental employees, is responsible for day-to-day accounting, auditing,
and the preparation of financial reports, and supervises accounting department
personnel. The Parish Jury has identified Suanne Hammons as a candidate for the
position.
Kevin Crosby is
Suanne Hammon's father. Mr. Crosby owns
a ten percent (10%) interest in Lazenby & Associates (the "Company"), which
has served as the Engineer for Ouachita Parish since 2012. The Parish does not
have a formal contract with the Company. Rather, the Company submits invoices
to the Parish for work performed on specific projects as they arise.
The Parish is
prepared to establish a Disqualification Plan under which the Parish Treasurer
would not participate in the selection of the Company, the authorization of
engineering work, negotiation of fees, payment of invoices, determination of
satisfactory performance, or any other discretionary decisions affecting the
Company. Under the proposed Disqualification Plan, a Parish employee without a
relationship to the Company would independently review the Company's work and
invoices, authorize payments, and, in the event of denials or disputes, handle
those issues to resolution.
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La. R.S. 42:1112B(1) states that no public servant 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) 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. 42:1114A. Other than a legislator, each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose the following: (1) The amount of income or value of any thing of economic value derived; (2) The nature of the business activity; (3) Name and address, and relationship to the public servant, if applicable; and (4) The name and business address of the legal entity, if applicable.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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