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Last modified
7/12/2021 11:23:19 AM
Creation date
9/20/2016 3:57:08 PM
Metadata
2016-682
Fields
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-682
Requesting Party
Roxane Riche
Parties Involved
Kent Riche
Town of Evergreen
Sarah Riche
Decision Date
9/16/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would prohibit the husband and brother-in-law of two Aldermen for the Town of Evergreen from bidding on or entering into a contract with the Town of Evergreen while they serve as Aldermen for the Town.
Ethics Subject Matters
Prohibited Contracts
Public Employee - Definition
Boards and Commissions
Prohibited Transactions
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.,,, STATE OF LOUISIANA <br /> °'oF Lei`- DEPARTMENT OF STATE CIVIL SERVICE <br /> S`92a <br /> LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> 1.14Z BATON ROUGE,LA 70821 <br /> o` (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> September 19, 2016 <br /> Roxane Riche <br /> 150 C. G. Logan Lane <br /> Evergreen, Louisiana 71333 <br /> Re: Board Docket No.2016-682 <br /> Dear Ms. Riche: <br /> The Louisiana Board of Ethics,at its September 16,2016 meeting,considered your request <br /> for an advisory opinion regarding whether the Code of Governmental Ethics would prohibit your <br /> husband Kent Riche, a licensed contractor, from bidding on or entering into a contract with the <br /> Town of Evergreen to provide construction services on a water project while you and your daughter- <br /> in-law,Sarah Riche,serve as Aldermen for the Town of Evergreen.You provided that the Town has <br /> a water improvement project that will be bid on in the fall. <br /> La. R.S. 42:1113A prohibits a public servant, a member of his immediate family or a legal <br /> entity in which either owns a controlling interest,from bidding on or entering into a contract, <br /> subcontract or transaction that is under the supervision or jurisdiction of the public servant's <br /> agency. <br /> The Board concluded, and instructed me to inform you,under the facts presented, La. R.S. <br /> 421113A would prohibit your husband,Kent Riche, from bidding on or entering into a contract with <br /> the Town of Evergreen while you and your daughter-in-law Sarah Riche serve as Aldermen for the <br /> Town. La.R.S.42:1102(13)defines"immediate family"members of a public servant to mean,the <br /> spouses of his children,his brothers and their spouses,his sisters and their spouses,his parents,his <br /> spouse,and the parents of his spouse. Therefore,your husband or a legal entity in which he owns a <br /> controlling interest, are prohibited from bidding on or entering into a contract with the Town of <br /> Evergreen while you or your daughter-in-law serve on the Board of Aldermen for the Town. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or laws other than Code of Governmental Ethics. If you have <br /> any questions, please contact me at(225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> ->K1 41(fr <br /> Suzanne Quinlan Mooney <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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