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STATE OF LOUISIANA '' "' DEPARTMENT OF STATE CIVIL SERVICE ,�P of LOUD'.. p 4,+ u TSjy ;ter �9i: LOUISIANA BOARD OF ETHICS it; di., i;l:y ;!i P.O.BOX 4368 > BATON ROUGE,LA 70821 11111;4/ 1 • , (225)219-5600 FAX:(225)381-7271 1-800-842-6630 www.ethics.la.gov August 21,2017 Hon. Gary V. Evans District Attorney P.O. Box 432 Mansfield,Louisiana 71052 Re: Louisiana Board of Ethics Docket No. 2017-552 Dear Mr. Evans, The Louisiana Board of Ethics, at its August 18, 2017,meeting, considered your request for an advisory opinion as to whether a company owned by a member of the DeSoto Parish Police Jury would be prohibited by the Code of Governmental Ethics (Code) from doing business as a third party provider in DeSoto Parish or in other Parishes. You provided that Jim Davlin is a member of the DeSoto Parish Police Jury and the owner of Code Inspections Plus,LLC,which is a building inspection business.You stated that the State of Louisiana compiles and provides a list of third party providers to builders to inspect building sites to ensure compliance with building codes and standards. Jim Davlin provided that he is the sole owner of Code Inspections Plus, LLC. Mr. Davlin stated that Code Inspections Plus, LLC would not be required to enter into any contracts with the DeSoto Parish Police Jury. Mr. Davlin further stated that the DeSoto Parish Police Jury has no supervision or jurisdiction over the inspection services provided by Code Inspections Plus,LLC, and that no part of the inspection reports are provided to the Police Jury for their approval. The Board concluded, and instructed me to inform you, that Code Inspections Plus,LLC would not be prohibited from entering into contracts with third parties to provide inspection services in DeSoto Parish, provided the inspection services and reports are not submitted to DeSoto Par- ish in connection with an application for a permit or certificate. However, the Board instructed me to caution you, that La. R.S. 42:1113A prohibits a public servant or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant. La. R.S. 42:1102(23) defines a "transaction" as any proceeding, application, submission,request for a ruling or other determination, contract, claim, case or oth- er such particular matter which the public servant knows or should know is, or will be, the sub- ject of action by the governmental entity. La. R.S. 42:1102(2) provides that "agency" for mem- bers of any governing authority shall mean the governmental entity. As such,in the event the in- spection services or reports would become a part of an application for a permit or certificate, AN EQUAL OPPORTUNITY EMPLOYER