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Entry Properties
Last modified
7/12/2021 9:49:40 AM
Creation date
6/8/2021 11:04:12 AM
Metadata
2021-250
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-250
Requesting Party
Mayor Eileen Bates-McCarroll
Decision Date
6/4/2021
Law
R.S. 42:1113B
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit a member of the Town of Albany's Planning and Zoning Committee from being hired to perform surveying services for the Town of Albany.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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STATE OF LOUISIANA <br /> OF LOU DEPARTMENT OF STATE CIVIL SERVICE <br /> ����� LOUISIANA BOARD OF ETHICS <br /> *� ,`, * P.O. BOX 4368 <br /> 4 BATON ROUGE, LA 70821 <br /> - oH o Nc� (225)219-5600 <br /> '••«o.. <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> June 8, 2021 <br /> Mayor Eileen Bates-McCarroll <br /> Town of Albany <br /> P.O. Box 1000 <br /> Albany, Louisiana 70711 <br /> Re: Ethics Board Docket No. 2021-250 <br /> Dear Mayor Bates-McCarroll: <br /> The Louisiana Board of Ethics,at its June 4,2021 meeting,considered your request for an advisory <br /> opinion as to whether a member of the Town of Albany's Planning and Zoning Commission may <br /> be hired to perform surveying services for the Town. <br /> FACTS PROVIDED <br /> The Town of Albany is considering an annexation.In connection with such activity,the Town would <br /> like to consider Ross Kinchen to perform surveying services. Mr. Kinchen is an appointed member <br /> of the Town of Albany's Planning and Zoning Committee. The surveying services would be <br /> supervised by Mayor Eileen Bates-McCarroll and the town attorney, Sherman Mack. The Planning <br /> and Zoning Committee would not be supervising Mr. Kinchen in these matters. <br /> LAWS <br /> La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his <br /> immediate family,or a legal entity in which he has a substantial economic interest,from bidding on <br /> or entering into or being in any way interested in any contract, subcontract, or other transaction <br /> which is under the supervision or jurisdiction of the agency of such appointed member. <br /> ANALYSIS <br /> As Mr.Kinchen would be entering into a transaction that is not under the supervision or jurisdiction <br /> of his agency, there would be no violation of La. R.S. 42:1113B. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit Mr.Kinchen from performing surveying services for the Town of Albany,provided that <br /> such services are not supervised by Mr. Kinchen's agency. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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