| Consideration of a disqualification plan involving the expropriation of vacant land by St. Bernard Parish Government which is owned by Joyce Geeck Hunnicut, the wife of the head of St. Bernard Parish Government's Hazard Mitigation Department. |
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A disqualification plan was submitted by Scott M. Smith, the Assistant Parish Attorney of St. Bernard Parish Government, disqualifying Michael Hunnicut from participating in the expropriation of his wife's vacant lot. The acquisition of the vacant lot will be handled solely by the St. Bernard Parish Legal Department in accordance with La. R.S. 19:2.
Mr. Smith explained that in complying with La. R.S. 19:2, St. Bernard Parish Government must enter into good faith negotiations with Ms. Hunnicut to acquire the vacant lot prior to filing an expropriation lawsuit.
Mr. Smith would like the Ethics Board to consider if Ms. Hunnicut may accept an offer of purchase without St. Bernard Parish Government obtaining a judgment of expropriation?
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Joyce Geeck Hunnicut's husband, Michael D. Hunnicut, is the head of St. Bernard Parish Government's Hazard Mitigation Department. Since 2006, St. Bernard Parish Government has acquired over 90 properties that were substantially destroyed by Hurricane Katrina in the Village Square subdivision through the use of Hazard Mitigation Grant Program funds for the purpose of recreating the area for a future public use. However, there are still four vacant lots in the Village Square subdivision that St. Bernard Parish Government needs to acquire for a holistic development of the area including the vacant lot owned by Ms. Hunnicut located at 516 Oak Tree Lane.
La. R.S. 42:1113A(1)(a) prohibits Ms. Hunnicut from selling her property to St. Bernard Parish Government. However, no violation of the Code exists if the land is expropriated. Mr. Hunnicut is required to file a disqualification plan in connection with the expropriation of the land in accordance with the Rules adopted by the Board. La. R.S. 42:1112B(1) prohibits Mr. Hunnicut from participating in a transaction in which he or his immediate family member has a personal substantial economic interest.Therefore, if a disqualification plan is filed and Mr. Hunnicut does not participate in the expropriation of the property, no violation of the Ethics Code is presented.
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La. R.S. 42:1113 prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1112B(1) provides 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. 42:1112(C) allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
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Accept the proposed disqualification plan and advise that Ms. Hunnicut must go through the expropriation process.
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| Assigned Attorney: |
Jennifer Land |
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