| Advisory opinion request as to whether Alidore Leon Marmande, who is as a member of the Terrebonne Parish Council, may do business with the Terrebonne Levee and Conservation District and Terrebonne Parish Consolidated Government. |
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Alidore Leon Marmande is an elected member of the Terrebonne Parish Council. Mr. Marmande currently owns fifty percent of Lake Faustina, LLC, a company that owns property that is available for the sale of borrow/dirt. The Terrebonne Levee and Conservation District ("Levee District") may be interested in purchasing borrow from Lake Faustina, LLC for coastal restoration projects. Terrebonne Parish Consolidated Government ("TPCG") occasionally enters into cooperative agreements with the Levee District to carry out joint projects which require the purchase of borrow/dirt. The Levee District is a political subdivision of the state of Louisiana whose board members are appointed by the Governor. The Levee District receives local sales tax to fund the Morganza hurricane levee system in Terrebonne Parish. The dedicated sales taxes are collected by TPCG and are distributed to the Levee District.
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La. R.S. 42:1113A(1)(a) 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. 42:1102(8) defines "controlling interest" as any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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