| La. R.S. 42:1123(22) plan submitted in response to an advisory opinion regarding whether a lumber store owned by Wayne Smith, a newly elected member of the Town of Oberlin Board of Aldermen, may continue to transact business with the Town of Oberlin. |
|
|
The Town of Oberlin has a population of 1,770. Wayne Smith was recently elected to the Board of Aldermen for the Town of Oberlin. Mr. Smith also owns a lumber store. Mr. Smith's lumber store would like to sell items to the Town of Oberlin.
|
|
|
At the January 2015 meeting, the Board rendered an advisory opinion stating that Wayne Smith's lumber store could enter into transactions with the Town of Oberlin while he served as a member of the Oberlin Board of Aldermen as long as the Town submitted a plan pursuant to the exception contained in La. R.S. 42:1123(22). A plan has been submitted and appears to comply with the requirements of La. R.S. 42:1123(22).
|
|
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.
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. 42:1112A 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.
|
|
|
Approve La. R.S. 42:1123(22) plan.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|