| Advisory opinion request regarding whether Rodger Laughlin, Mayor for the Town of Elton, or his son may enter into agreements with the Town of Elton. |
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Mayor Laughlin has long owned lots in the Town of Elton. Mayor Laughlin's son wishes to construct a meat market and store on the lots. A town street borders the east side of the lots and the west side of the lots is bordered by an unimproved and dedicated road right of way. The town street on the east side is not on a dedicated right of way; however, the street is paved and has always been used and maintained by the Town of Elton. The Mayor or his son would like to enter into an agreement with the Town of Elton to exchange strips of property once an appraisal is done and a public hearing held. The population of the Town of Elton is less than 5,000.
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La. R.S. 42:1123(22) provides that any mayor or member of a governing authority of a municipality with a population of five thousand or less, or legal entity in which he has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality provided that the transactions are under the supervision or jurisdiction of the municipality and the municipality submits a plan to the Board of Ethics for approval in accordance with this Section.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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