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Advisory opinion regarding whether Raymond Bernard, a former member of the Port of Iberia District Board of Commissioners, may be appointed as the interim Executive Director of the Port of Iberia District. |
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Raymond Bernard served on the Port of Iberia District Board of Commissioners from June 15, 2004 until his resignation on June 28, 2012. The current Executive Director of the Port of Iberia District is scheduled to retire on August 31, 2014. The terms of all seven members of the Board of Commissioners are set to expire in September 2014. They cannot appoint an Executive Director with a term longer than their own terms, so they need to appoint an interim director until the new board is seated.
Mr. Bernard is interested in being appointed to the interim position and is seeking an opinion as to the application of the post employment restrictions.
In addition, Mark Dore is a current member of the Board of Commissioners. Mr. Dore's wife's brother is Mr. Bernard.
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La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1121A(2) prohibits a former member of a board for a period of two years from contracting with, being employed in any capacity by or being appointed to any position by his former board.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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