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Appearance in connection with a request to clarify an advisory opinion regarding whether a member of the New Orleans City Planning Commission (CPC) may engage the services of an architect or contractor who has work submitted to the CPC. |
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Kyle Wedberg is a member of the New Orleans City Planning Commission. Mr. Wedberg is planning on doing work to his personal residence that will require the services of an architect. Mr. Wedberg states that he will recuse himself from any matter that may come before the CPC involving his personal residence or any work performed by someone who is under contract for work at his personal residence.
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The Board, under this docket number, has rendered an advisory opinion to Mr. Wedberg. Subsequently, Mr. Wedberg has requested clarification regarding issues involving his property that may go before the New Orleans City Planning Commission. Mr. Wedberg was advised that neither he nor a person acting on his behalf could appear or enter into any transactions with the CPC regarding his property. Mr. Wedberg stated that the approval to perform any work on his property will have to come from the Historic District Landmark Commission (HDLC). Only if there is an appeal from the HDLC will any matter need to go before the CPC as an arbitrator. R.S. 42:1113B will prohibit Mr. Wedberg or any person on his behalf from coming before the CPC or filing any plans for approval, even through an appeal process with the CPC, involving his property.
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La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate family member, or a legal entity in which they have a substantial economic interest, from entering into or being in any way interested in a transaction that is under the supervision or jurisdiction of the board or commission.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
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.
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| Assigned Attorney: |
Tracy Barker |
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