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Advisory opinion regarding whether members of the Louisiana Rice Promotion Board may participate in matter involving the U.S.A. Rice Council and the U.S. Rice Producers Groups. |
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The Louisiana Rice Promotion Board (LRPB) is a statutorily created board, which is funded by check-off dollars. The LRPB uses the check-off dollars to contract with certain organizations to promote rice in Louisiana and around the world. The LRPB members are uncompensated. The members are appointed by the Governor from a list provided by various rice industry organizations, including six from the Louisiana Rice Council.
The LRPB contracts with the U.S.A. Rice Council for the promotion of rice. The U.S.A. Rice Council is formed by member organizations including the Louisiana Rice Council. Some LRPB members sit on the Louisiana Rice Council Board but are not compensated for their work.
The LRPB also contracts with the U.S. Rice Producers Group. The LRPB recently approved the 2013-2014 contract with the U.S. Rice Producers Group. Two members of the LRPB also serve as members of the U.S. Rice Producers Group Board. One of those members is Kevin Berken, who is the chairman of the LRPB. Mr. Berken did not participate in the discussions or vote to approve the the new contract. However, as Chairman, he is required to sign off on the contract.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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