2016-076 - Laserfiche WebLink

STATE OF LOUISIANA *4;710*ionDEPARTMENT OF STATE CIVIL SERVICE LOUISIANA BOARD OF ETHICS P.O.BOX 4368 . BATON ROUGE,LA 70821 (225)219-5600 FAX:(225)381-7271 1-800-842-6630 www.ethics.state.la.us March 21, 2016 David Ellis 1100 Rue Chinon Mandeville, LA 70471 Re: Ethics Board Docket No. 2016-076 Dear Mr. Ellis: The Louisiana Board of Ethics, at its March 18, 2016 meeting, considered your request for an advisory opinion as to whether you, as a Councilman for the City of Mandeville, may participate and vote on matters involving a proposal to develop approximately 78 acres of land known as the Port Marigny project located in Mandeville, Louisiana. You stated that your father, Robert Ellis, owns a one-half(1/2) interest in a parcel of land across the street from the Port Marigny project. You also stated that the proposal is presently being considered by the Mandeville Planning & Zoning Commission which will make a recommendation to the Mandeville City Council for a final decision. Information was provided that the Mandeville City Council will decide on the allowed use and other regulations affecting the Port Marigny project and may require traffic improvements be made to the area to mitigate the negative impact that the development may have to neighboring property. You submitted a map which indicates that there are approximately 25 parcels of land across the street from the proposed Port Marigny project, including the parcel of land partially owned by your father, which may be affected by the development and any traffic improvements. The Board concluded, and instructed me to inform you that the Code of Governmental Ethics does not prohibit you from participating and voting on matters involving the Port Marigny project. La. R.S. 42:1112B(1) prohibits a public servant from participating in a transaction involving his governmental entity in which a member of his immediate family has a substantial economic interest. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons. Since the development and any traffic improvements could potentially affect all 25 parcels of land located across the street from the Port Marigny project, your father's interest in the Port Marigny project is no greater than any other member of the class. Therefore, you are not prohibited from participating or voting on matters involving the Port Marigny project which may affect your father's property. AN EQUAL OPPORTUNITY EMPLOYER