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Last modified
7/12/2021 11:03:32 AM
Creation date
1/23/2017 3:10:10 PM
Metadata
2016-1239
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1239
Requesting Party
Reginald H. Smith, Jr.
Parties Involved
Harbor Corp. Board Member
Decision Date
1/20/2017
Caption
Advisory opinion that La. R.S. 42:1113B of the Louisiana Code of Governmental Ethics would prohibit a member of the New Orleans Municipal Yacht Harbor Management Corporation from submitting a temporary application and placing his name on the wait list that is maintained by the Corporation.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
Public Employee - Definition
Boards and Commissions
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STATE OF LOUISIANA <br /> 7 <br /> �� LDUDEPARTMENT OF STATE CIVIL SERVICE <br /> , . <br /> ,•••@��OpF u •SJ9'y <br /> It ;° LOUISIANA BOARD OF ETHICS <br /> :1 P.O. BOX 4368 <br /> BATON ROUGE, LA 70821 <br /> �O•ai°s� p•`• (225)219-5600 <br /> %n. 0J FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> January 23,2017 <br /> Mr. Reginald H. Smith,Jr. <br /> 244 Rosa Avenue <br /> Metairie,Louisiana 70005 <br /> Re: Louisiana Board of Ethics <br /> Docket No. 2016-1239 <br /> Dear Mr. Smith, <br /> The Louisiana Board of Ethics, at its January 20, 2017, meeting, considered your request for an <br /> advisory opinion as to whether the Code of Governmental Ethics (Code) would prohibit you <br /> from signing your name to a wait list in anticipation of the availability of a boat slip lease with <br /> the New Orleans Municipal Yacht Harbor Management Corporation ("Corporation"), while a <br /> member of the board of the Harbor Corp. <br /> You stated that you currently serve as a board member for the Corporation,which manages the <br /> municipal yacht harbor along Lake Pontchartrain for the City of New Orleans. You stated that <br /> the Corporation is beginning construction of the re-building of the harbor following Hurricane <br /> Katrina. You presently keep your boat in another harbor, but would like to place your name on <br /> the wait list for an available boat slip with the Corporation. You anticipate that the slips will be <br /> complete and available in mid-2018. You stated that you would resign your position with the <br /> Board prior to executing a lease for the slip. <br /> You stated that the Executive Director of the Corporation is responsible for maintaining the <br /> wait list.You also anticipate that a temporary application will have to be submitted to the Corpo- <br /> ration in order to place your name on the wait list. You stated that the Corporation has not set <br /> out in detail the process of assigning available slip leases to wait list members once available,and <br /> that the Executive Director will be in charge of the final decision making process. <br /> The Board concluded, and instructed me to inform you, that La. R.S. 42:1113B of the Code <br /> prohibits you from submitting a temporary application and placing your name on the wait list <br /> that is maintained by the Corporation. Section 1113B prohibits an appointed member of any <br /> board or commission from bidding on or entering into, or being in any way interested, in any <br /> contract, subcontract, or other transaction which is under the supervision or jurisdiction of the <br /> agency of such appointed member. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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