Meetings
 
Agenda Item
Docket No. 16-892
 
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RE:
Consideration of a disqualification plan concerning the participation of Lloyd and Sybil Ledet in Phase 5 of the Town of Golden Meadow's Community Sewerage System project.
Facts:
Lloyd and Sybil Ledet were hired to provide title research regarding Phase 4 and Phase 5 of the Town of Golden Meadow's Community Sewerage System Project (Project). Both phases of the Project are funded through the U S Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program. The location of the servitudes are determined by J. Wayne Plaisance, the engineer for the Project, based on the engineering and design requirements of the Project. The Ledets reside at and own the property located at 124 Rue Poche Vide, which is within the area at issue in Phase 5 of the Project.

Typically, the South Central Planning and Development Commission (Commission) uses the information provided by the Ledets as a result of their title research to complete templates developed for the servitude acquisition process. These templates are provided by the HUD grantors or have been developed and used for similar projects in the Town or other phases of the Project. The dollar amounts offered to property owners for acquisition of the servitudes are provided by Lafourche Appraisal Services and these amounts are included in the templates prepared by the Commission. The Ledets then meet with area residents to go over the forms and paperwork, ascertain if they are agreeable to providing the needed servitude, collect signatures, act as witnesses, and return the completed forms to the Town Clerk and Mayor. Problems, questions and concerns are reported back to Mr. Plaisance, the Town Clerk, the Mayor, and the Commission.

On July 11, 2016, the Town Council approved the following plan to disqualify the Ledets from participation in transactions involving the acquisition of a servitude on their property:

The Town Attorney will review property ownership records to determine that the Ledets are the legal owners of the property located at 124 Rue Poche Vide or elsewhere that they may own or have an interest. Additionally, the Town Attorney will perform the necessary title research for the Commission to complete the servitude templates. The valuation provided by Lafourche Appraisal Services will be used for the Ledets' property. The Commission and the Town Clerk will meet with the Ledets to review the forms and paperwork, collect signatures, and act as witnesses. Any concerns or problems will be reported to the Mayor and Board of Alderman.

Law:
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal 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 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. 42:1112(C) allows a disqualification plan to be developed in accordance with Chapter 14 of the Rules for the Board of Ethics to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.

Recommendations:
Approve the disqualification plan.
Assigned Attorney: Haley Williams
 
 
ATTACHMENTS:
Description:
2016-892 - Advisory Opinion Request