| Advisory opinion request submitted on behalf of the St. Landry Parish Government, regarding the propriety of immediate family members serving on an appointed parish board or commission and elected officials receiving compensation for service on an appointed parish board or commission. |
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Leo Harvey serves as the President of the Coulee Croche Gravity Drainage District 22, while his sister, Leona Boxie, serves as a board member.
Per Chad Pitre, the Assistant District Attorney for the 27th Judicial District, Parish of St. Landry, the second question was a general question, so no additional information was provided.
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La. R.S. 42:1112A prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction in which he has a substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(1) prohibits a public servant, except as provided in R.S. 42:1120, from participating 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. 42:1113A(1)(a) prohibits a public servant, or member of the public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or 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. 42:1113A(1)(b)(ii) provides that a municipal or parish governing authority is not prohibited from appointing one of its members to a board or commission for which the governing authority is the appropriate appointing authority and the appointee receives no salary or per diem for service on the board or commission, or if a member of the governing authority is required to be appointed to the board or commission by the home rule charter, ordinance, or resolution which created or established the board or commission.
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
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Decline to render an opinion as the matter involves past conduct and failed to provide sufficient information.
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| Assigned Attorney: |
Haley Williams |
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