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Last modified
7/12/2021 10:26:38 AM
Creation date
7/24/2018 9:17:58 AM
Metadata
2018-640
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-640
Requesting Party
Edward Raper, Jr.
Decision Date
7/20/2018
Caption
Advisory opinion that Fire Apparatus Specialist, Inc. and George Dyer, Jr. would be prohibited by La. R.S. 42:1113A(1)(a) of the Code of Governmental Ethics from entering into a contratc, subcontract, or other transaction with the Kenner Fire Department, while Mr. Dyer's son is employed by the Kenner Fire Department.
Ethics Subject Matters
Prohibited Contracts
Public Employee - Definition
Prohibited Transactions
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STATE OF LOUISIANA <br /> "°' DEPARTMENT OF STATE CIVIL SERVICE <br /> po f LOU'• <br /> A ;i.4:( •s`9y__ LOUISIANA BOARD OF ETHICS <br /> � ;;;;' •(ir v P.O.BOX 4368 <br /> 4Z,L 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 /> July 23,2018 <br /> Mr. Edward Rapier,Jr. <br /> Assistant City Attorney—City of Kenner <br /> 1801 Williams Boulevard <br /> Building C,Suite 100 <br /> Kenner,Louisiana 70062 <br /> Re: Louisiana Board of Ethics <br /> Docket No. 2018-640 <br /> Dear Mr. Rapier, <br /> The Louisiana Board of Ethics, at its July 20, 2018,meeting, considered your request for an ad- <br /> visory opinion as to whether the Code of Governmental Ethics ("Code") would prohibit Fire <br /> Apparatus Specialist,Inc. from entering into a contract with the Kenner Fire Department. <br /> You stated that Fire Apparatus Specialist, Inc. is owned by George Dyer,Jr. and is one of two <br /> companies in the New Orleans area that is capable of providing maintenance and repair work to <br /> Kenner's fire trucks. Mr. Dyer's son,Jason Dyer,is employed by the Kenner Fire Department as <br /> a Fire Captain. <br /> La. R.S. 42:1113A(1)(a) provides that no public servant, or member of such a public servant's <br /> immediate family, or legal entity in which he has a controlling interest, shall bid on or enter into <br /> any contract, subcontract,or other transaction that is under the supervision or jurisdiction of the <br /> agency of such public servant. La. R.S. 42:1102(13) defines "immediate family member" to in- <br /> clude a public servant's parent. La. R.S. 42:1102(8) defines "controlling interest" to mean any <br /> ownership in any legal entity by or on behalf of an individual, or member of his immediate <br /> family, either individually or collectively,which exceeds twenty-five percent of that legal entity. <br /> The Board concluded, and instructed me to inform you, that Fire Apparatus Specialist, Inc. and <br /> George Dyer,Jr. would be prohibited by Section 1113A(1)(a) from entering into a contract, sub- <br /> contract, or other transaction with the Kenner Fire Department, while Jason Dyer is employed <br /> by the Kenner Fire Department, as the maintenance and repair work would be under the super- <br /> vision and jurisdiction of Jason Dyer's agency,the Kenner Fire Department. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as pre- <br /> sented may result in a different application of the provisions of the Code of Governmental Eth- <br /> ics. The Board issues no opinion as to past conduct or as to laws other than the Code of Gov- <br /> ernmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Act, and con- <br /> flict of interest provisions in the gaming laws. <br /> Page 1 of 2 (Docket No. 2018-640) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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