| Advisory opinion request regarding whether Michael Newman can enter into certain transactions while he serves as an appointed member of the Shreveport Metropolitan Planning Commission. |
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Michael Newman was appointed by the Caddo Parish Commission to serve on the Shreveport Metropolitan Planning Commission (Planning Commission). The Planning Commission is charged with consideration of zoning request, site plan approvals and long-range planning projects in the Shreveport metropolitan area.
Mr. Newman is the President of the architectural firm of Newman Marchive Carlisle, Inc. (Firm) of which he owns a 66% interest. The Firm has several ongoing architectural contracts with the Caddo Parish Commission and some smaller environmental consulting projects with the City of Shreveport. The Planning Commission has no role in approving or administering the architectural or environmental contracts. However, some of the projects for which the contracts are granted may require Planning Commission approvals for variances or site plan approvals. Finally, the Firm occasionally represents clients in presenting projects before the Planning Commission.
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La. R.S. 42:1111C(2)(d) prohibits a public servant, or legal entity in which he exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person that conducts operations or activities which are regulated by his agency or has substantial economic interests which may be substantially affected by the performance or nonperformance of his official duty.
La. R.S. 42:1111E(1) prohibits a public servant, and a legal entity of which he is an officer, director, trustee, partner, or employee, or in which he has a substantial economic interest, from receiving or agreeing to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with his agency.
La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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