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Last modified
7/12/2021 10:12:43 AM
Creation date
11/18/2019 9:08:14 AM
Metadata
2019-1053
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-1053
Requesting Party
Darrell Avery
Decision Date
11/15/2019
Law
La. R.S. 42:1113A(1)(a)
La. R.S. 42:1113B
La. R.S. 42:1123(35)
La. R.S. 42:1123(30)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Lance Ledford, a volunteer firefighter with Ward 4 Fire Protection District in Jackson Parish, from contracting with the District to provide maintenance on vehicles as allowed by the exception found in La. R.S. 42:1123(35).
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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STATE OF LOUISIANA <br /> k OF LOCri DEPARTMENT OF STATE CIVIL SERVICE <br /> � I ;\f, F�� LOUISIANA BOARD OF ETHICS <br /> 1P.O. BOX 4368 <br /> * <br /> * BATON ROUGE, LA 70821 <br /> °pro Do (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> November 18, 2019 <br /> Law Office of Darrell R. Avery <br /> 215 6th Street, Suite A <br /> Jonesboro, LA 71251 <br /> Re: Ethics Board Docket No.2019-1053 <br /> Dear Mr. Avery: <br /> The Louisiana Board of Ethics, at its November 15, 2019 meeting, considered your request for advisory <br /> opinion, made in your capacity as attorney for the Ward 4 Fire Protection District (District) in Jackson <br /> Parish, regarding various restrictions found within the Code of Governmental Ethics that would apply to <br /> volunteer firemen of the District. <br /> FACTS PROVIDED <br /> You stated that the District has contracted in the past with a local business to provide regular and routine <br /> maintenance on fire trucks and other emergency vehicles. The District would now like to contract with <br /> Lance Ledford, a District volunteer fireman, to provide these services. Scotty Nunn, a District <br /> Commissioner, has a son, Mitchell Nunn, who is also a District volunteer fireman. Mitchell Nunn has <br /> expressed interest in volunteering his services by assisting Lance Ledford with the maintenance of the <br /> vehicles. Lance Ledford is considering hiring Mitchell Nunn to assist with the maintenance of the <br /> vehicles if he is awarded the contract by the District. Volunteer firemen with the District do not receive <br /> compensation for their services. The District only reimburses its volunteers $15 per call for costs <br /> associated with their services. <br /> • <br /> LAW <br /> La. R.S. 42:1113A(1)(a) provides that no public servant, or a member of such a public servant's <br /> immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any <br /> contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of <br /> such public servant. <br /> La. R.S. 42:1113B provides that other than a legislator, no appointed member of any board or <br /> commission, member of his immediate family, or legal entity in which he has a substantial economic <br /> interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other <br /> transaction which is under the supervision or jurisdiction of the agency of such appointed member. <br /> La. R.S. 42:1123(35) provides an exception allowing any volunteer fireman or legal entity in which he <br /> has an interest to bid on or enter into a contract, subcontract, or other transaction under the supervision <br /> and jurisdiction of his agency; provided that the volunteer fireman receives no compensation or thing of <br /> economic value for his service as a volunteer fireman, that the volunteer fireman is not an agency head, <br /> and that the volunteer fireman does not participate on behalf of his agency in any capacity regarding such <br /> contract, subcontract,or other transaction. <br /> La. R.S.42:1123(30)provides an exception which allows a public servant, a legal entity in which he has a <br /> controlling interest, or a member of his immediate family,to donate services to his agency. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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