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1997-092 (2)
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1997-092 (2)
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Last modified
12/2/2010 4:43:51 PM
Creation date
2/5/2010 11:15:13 AM
Metadata
1997-092 (2)
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
1997-092
Requesting Party
Louisiana Board of Ethics
Parties Involved
Royce McMahon
Bobby Hutchins
Donny Rowlands
Wiley Murphy
Farris Jennings
Agency at Issue
Webster Parish Sheriff's Office
Decision Date
3/16/1998
Law
42:1113A
Caption
A consent opinion prohibiting sheriffs for the Webster Parish Sheriff's Office purchasing items from an auction held by the Webster Parish Sheriff's Office.
Ethics Subject Matters
Prohibited Contracts
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Opinion No. 97 -092 <br /> • Page 3 <br /> 8. <br /> Farris Jennings was employed as a sheriff's deputy on April 18, 1996 at which time <br /> he purchased a 1986 Ford for $1,025 at the auction. <br /> 9. <br /> Royce McMahon purchased a 1989 Chevrolet truck for $5,000 and cattle panels for <br /> $300. Upon notification by an independent auditor of the impropriety, Mr. McMahon <br /> returned the truck and cattle panels for a full refund, less mileage Mr. McMahon put on the <br /> truck. <br /> II. <br /> • APPLICABLE LAW <br /> The pertinent provision of law is Section 1113A of the Code of Governmental Ethics. <br /> Section 1113A of the Code prohibits a public servant from bidding on or entering into certain <br /> contracts or transactions with his agency. This Section provides in pertinent part: <br /> §1113. Prohibited contractual arrangements <br /> A. No public servant, excluding any legislator and any appointed member of <br /> any board or commission and any member of a governing authority of a parish <br /> with or less, or member of such a public servant's <br /> a population often thousand o ess, s o p <br /> immediate family, or legal entity in which he has a controlling interest shall <br /> bid on or enter into any contract, subcontract, or other transaction that is under <br /> the supervision or jurisdiction of the agency of such public servant. <br /> The following terms are defined in Section 1102 of the Code and are relevant when <br /> analyzing the above Sections: <br />
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