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Last modified
7/12/2021 11:18:23 AM
Creation date
3/21/2016 2:46:48 PM
Metadata
2016-076
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-076
Requesting Party
David Ellis
Parties Involved
City of Mandeville
Port Marigny
Mandeville, Louisiana
Robert Ellis
Mandeville Planning & Zoning Commission
Mandeville City Council
Decision Date
3/18/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a Councilman for the City of Mandeville from participating and voting on matters involving the Port Marigny Project, while his father owns land across the street from the project, since the development and any traffic improvements could potentially affect all 25 parcels of land located across the street and his father’s interest would be no greater than any member of this class.
Ethics Subject Matters
Boards and Commissions
Participation
Recusal
Prohibited Transactions
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STATE OF LOUISIANA <br /> *4;710*ionDEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> . BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> March 21, 2016 <br /> David Ellis <br /> 1100 Rue Chinon <br /> Mandeville, LA 70471 <br /> Re: Ethics Board Docket No. 2016-076 <br /> Dear Mr. Ellis: <br /> The Louisiana Board of Ethics, at its March 18, 2016 meeting, considered your request for an <br /> advisory opinion as to whether you, as a Councilman for the City of Mandeville, may participate <br /> and vote on matters involving a proposal to develop approximately 78 acres of land known as the <br /> Port Marigny project located in Mandeville, Louisiana. You stated that your father, Robert Ellis, <br /> owns a one-half(1/2) interest in a parcel of land across the street from the Port Marigny project. <br /> You also stated that the proposal is presently being considered by the Mandeville Planning & <br /> Zoning Commission which will make a recommendation to the Mandeville City Council for a <br /> final decision. Information was provided that the Mandeville City Council will decide on the <br /> allowed use and other regulations affecting the Port Marigny project and may require traffic <br /> improvements be made to the area to mitigate the negative impact that the development may <br /> have to neighboring property. You submitted a map which indicates that there are approximately <br /> 25 parcels of land across the street from the proposed Port Marigny project, including the parcel <br /> of land partially owned by your father, which may be affected by the development and any <br /> traffic improvements. <br /> The Board concluded, and instructed me to inform you that the Code of Governmental Ethics <br /> does not prohibit you from participating and voting on matters involving the Port Marigny <br /> project. La. R.S. 42:1112B(1) prohibits a public servant from participating in a transaction <br /> involving his governmental entity in which a member of his immediate family has a substantial <br /> economic interest. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic <br /> interest which is of greater benefit to the public servant or other person than to a general class or <br /> group of persons. Since the development and any traffic improvements could potentially affect <br /> all 25 parcels of land located across the street from the Port Marigny project, your father's <br /> interest in the Port Marigny project is no greater than any other member of the class. Therefore, <br /> you are not prohibited from participating or voting on matters involving the Port Marigny project <br /> which may affect your father's property. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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