Could Ville Platte buy concrete from a company partly owned by its city clerk?

Plain-English summary

Ville Platte asked whether it could buy concrete from a business partly owned by the city clerk and relatives. The Louisiana Board of Ethics had said the company's ownership share did not violate its 25-percent rule. The Attorney General nevertheless concluded that a separate municipal statute, R.S. 33:385(C), barred the transaction while the clerk had a direct or indirect interest in the city-paid business.

The AG identified the clerk as a municipal officer under R.S. 33:381. He said the clerk could divest her interest in the company or decline to sell to the city.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the Ethics Board's answer settle the city contract question?
No. The AG applied the separate R.S. 33:385(C) bar on a municipal officer's interest in work paid from the municipal treasury.

Could the city clerk keep her company interest and sell concrete to the city?
The opinion said no; the clerk had to divest her interest or the company had to forgo city sales.

Why did the rule apply to the clerk?
The AG said R.S. 33:381 classified the city clerk as an officer of the municipality.

Background and statutory framework

The mayor reported that the clerk and family members together owned less than 25 percent of Ville Platte Concrete. The AG distinguished the Ethics Board's ownership analysis from the separate statutory restriction on a municipal officer's interest in city-paid contracts.

Citations and references

• R.S. 33:385(C): bar on municipal officers' direct or indirect contract interests.
• R.S. 33:381: classification of municipal officers, including the clerk.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0117

Original opinion text

May 16, 2000
OPINION 00-117

Hon. Bennett Baquet
Mayor, City of Ville Platte
P.O. Box 390
Ville Platte, LA 70586

Dear Mayor Baquet:

This office is in receipt of your request for an opinion of the Attorney General in regard to the legality of the City doing business with Ville Platte Concrete inasmuch as the City Clerk, her husband, brother-in-law and sister-in-law together own less than 25% of this company.

You have already received a response from the Louisiana Board of Ethics on your question of the City of Ville Platte doing business with Ville Platte Concrete wherein it was concluded "the Ville Platte Concrete company is not prohibited from doing business with the city of Ville Platte as long as no public servant nor any member of a public servant's immediate family owns in excess of 25% of the company, including any aggregated interests." It was noted that it appeared that the ownership of the Concrete company by a public servant, being the City Clerk, and her immediate family, was less than 25%.

However, we find the prohibition of R.S. 33:385(C) that "no member of the board of aldermen, or any other officer of the corporation, shall be directly or indirectly interested in any work, business or contract the consideration of which is to be paid from the treasury of the municipality" is pertinent to your inquiry in regard to the city clerk. Under R.S. 33:381 the city clerk is an officer of the municipality wherein it is provided in Paragraph (A) that "The officers of every municipality shall be a mayor, aldermen, a chief of police, a tax collector, a clerk, and a street commissioner", and in accordance with R.S. 33:386 a clerk with all other necessary officers whose election is not provided for shall be appointed by the mayor, subject to the confirmation of the aldermen.

In Atty. Gen. Op. No. 90-531 this office found that R.S. 33:385 would prohibit any alderman or other officer of the municipality who owns a concrete plant from selling concrete to the City. It was concluded that "this alderman may sell concrete to the City of Winnfield and its contractors, or he may serve on the board of

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Hon. Bennett Baquet, Mayor
OPINION 00-117
Page 2

aldermen, but he cannot do both at the same time"; and a similar conclusion must be reached in the instant situation.

Therefore, the prohibition extends to the City Clerk in regard to the City doing business with Ville Platte Concrete. She may divest herself of interest in the company, or decline to sell to the City.

We hope this sufficiently answers your inquiry.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:______
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

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Hon. Bennett Baquet, Mayor
OPINION 00-117
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OPINION 00-117

R.S. 33:385
71 - Municipalities

R.S. 33:385 prohibits a city clerk
as an officer of the corporation
from directly or indirectly having
interest in any contract which is
to be paid from the treasury of
the municipality.

Hon. Bennett Baquet
Mayor, CIty of VIlle Platte
P.O. Box 390
Ville Platte, LA 70586

Date Received: March 16, 2000
Date Released: May 16, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General