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STATE OF LOUISIANA <br /> of.Loo DEPARTMENT OF STATE CIVIL SERVICE <br /> ,5�4 oN �Sr c`rl <br /> LOUISIANA BOARD OF ETHICS <br /> h P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> C�Nr ocNc� (225)219-5600 <br /> «,» <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> February 10, 2025 <br /> Robert L. Duffy <br /> Town of Berwick Attorney <br /> P.O. Box 208 <br /> Berwick, Louisiana 70342 <br /> Re: Docket No. 2024-938 <br /> Advisory Opinion <br /> Dear Mr. Duffy: <br /> The Louisiana Board of Ethics, at its meeting on February 7, 2025, considered your request for an <br /> advisory opinion on behalf of the Town of Berwick as to whether the Code of Governmental Ethics <br /> ("Code")permits a member of the Berwick Town Council to purchase immovable property owned <br /> by the Bel-wick Development District. <br /> FACTS PROVIDED <br /> The Town of Berwick("Town")operates under a home rule charter consisting of an elected mayor <br /> and a five-member elected council. Kevin Paul Hebert is an elected member of the Town Council <br /> and is currently serving his second term. <br /> In 1995, the Berwick Development District ("BDD") was created by La. R.S. 33:2740.31 as a <br /> political subdivision of the State of Louisiana that encompasses all of the territory located within <br /> the Town. The BDD is governed by a board of commissioners consisting of five members who are <br /> appointed by the Town Mayor and approved by the Town Council.The BDD is lawfully authorized <br /> to acquire and sell immovable property. The BDD owns a vacant parcel of land located within the <br /> Town on the corner of Shadowlawn Drive and Cloverdale Drive in the Renwick Subdivision. This <br /> parcel of land has limited use for the BDD to own because its measurements are insufficient to be <br /> an independent lot of record. <br /> Councilman Hebert's home at 502 Shadowlawn Drive is adjacent to this parcel of land. He has <br /> resided there for 24 years. Councilman Hebert is the only adjacent property owner who could <br /> utilize this parcel of land. He would like to purchase it from the BDD at a price based on fair <br /> market value. <br /> You ask whether it is an ethical violation for Councilman Hebert to purchase this parcel of land <br /> from the BDD. <br /> LAw <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the agency in which the public servant serves, except that for members of any governing authority <br /> and for the elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. Public servants of political subdivisions shall include,but shall not be limited <br /> Page 1 of 3 (BD 2024-938) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />