| Advisory opinion regarding whether La. R.S. 42:1113A prohibits West Feliciana Parish from entering into a servitude with MKV Homestead, LLC, while Parish Council Member Heather Howle's mother, Virginia Sheets Reid, owns 37 and one half percent of MKV Homestead, LLC. |
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Mr. Michael Hughes, First Assistant District Attorney for the 20th Judicial District has requested an advisory opinion regarding whether the Code of Governmental Ethics would prohibit West Feliciana Parish from entering into a servitude with MKV Homestead, LLC, while Parish Council Member Heather Howle's mother, Virginia Sheets Reid, owns 37 and one half percent of MKV Homestead, LLC. Mr. Hughes provided that the Parish needs to repair a public bridge located on property owned by MKV Homestead, LLC.
The project requires that the Parish negotiate a temporary servitude with the owner for a detour to be used during the repair of the bridge. He stated that there would be no monetary compensation paid to MKV Homestead, LLC. for use of the land, however, the Parish would like to leave the gravel or limestone used to create the detour and the old bridge timbers.
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La. R.S. 42:1113A prohibits a public servant's immediate family member or a legal entity in which he has controlling interest from bidding on or entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42:1102(8) provides that "controlling interest" means any ownership of a legal entity which exceeds 25 percent.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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