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Last modified
7/12/2021 11:07:09 AM
Creation date
4/24/2017 2:19:29 PM
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2017-291
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-291
Decision Date
4/21/2017
Caption
Advisory opinion that the Code of Governmental Ethicvs would not prohibit the Pointe Coupee Parish School Board (School Board) from transacting business with Scott Fence Company while spouse of the sales representative for Scott Fence Company is employed as the Director of the Accountability and IT Department with the School Board.
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„doF75;N STATE OF LOUISIANA <br /> ,P�4oM rti_ DEPARTMENT OF STATE CIVIL SERVICE <br /> ,�'° '' l LOUISIANA BOARD OF ETHICS <br /> • ilv;r,��,;ydl1ll1P.O.BOX 4368 <br /> cILJ*t .' BATON ROUGE, LA 70821 <br /> "Pjpe” o` (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 24, 2017 <br /> Superintendent Kevin Lemoine <br /> Pointe Coupee Parish School Board <br /> Post Office Drawer 579 <br /> New Roads, LA 70760-0579 <br /> Re: Ethics Board Docket No. 2017-291 <br /> Dear Mr. Lemoine: <br /> The Louisiana Board of Ethics, at its April 21, 2017 meeting, considered your request for an <br /> advisory opinion as to whether the Pointe Coupee Parish School Board (School Board) may <br /> transact business with Scott Fence Company. You stated that the School Board directed Andrew <br /> Duhe, the Director of Maintenance and Support Services, to advertise requests for bids for a <br /> fence project for the Livonia High School Campus. You also stated that Scott Fence Company <br /> submitted the lowest bid. The sales representative for Scott Fence Company is David Bueche, the <br /> husband of Lacey Bueche, the Director of the Accountability and IT Department with the School <br /> Board. You provided further information that David Bueche has no ownership interest in Scott <br /> Fence Company, but he will receive a commission if Scott Fence Company is awarded the <br /> contract. Finally, you stated that as Superintendent, you would make a recommendation to the <br /> School Board as to bids submitted for the project, and Mr. Duhe would be responsible for <br /> supervising and accepting the completed work. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would not prohibit the School Board from transacting business with Scott Fence Company while <br /> Lacey Bueche is employed as the Director of the Accountability and IT Department with the <br /> School Board. La. R.S. 42:1113A(1)(a) prohibits public servants, their immediate family <br /> members, or legal entities in which they have a controlling interest, from entering into any <br /> contract, subcontract, or other transaction that is under the supervision or jurisdiction of the <br /> agency of such public servant. The Accountability and IT Department is Lacey Bueche's agency <br /> within the School Board. Since the Accountability and IT Department will not be involved in any <br /> way with the proposed fence project, Scott Fence Company, through its sale representative, <br /> David Bueche, would not be prohibited from contracting with the School Board for the proposed <br /> fence project. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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