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Emergency opinion concerning a company owned by Representative Blake Miguez and his family members entering into a Right of Entry contract with the Port of Iberia District. |
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The Port of Iberia wants to enter into a Right of Entry contract with Miguez Fuel, LLC to stabilize the bulkhead and bank on waterfront property owned by the company. The stabilization work is required by the Acadiana Gulf of Mexico Access Channel (AGMAC) project, which will provide deeper water for industries located at the port.
As part of AGMAC, it was determined that the existing bulkheads in the port area need to be relocated to accommodate the deeper channel. The port will bear the cost of such relocations. In July 2009, Capital Outlay money was approved to fund the bulkhead relocations. The Port requires a Right of Entry contract and a navigation servitude to ensure that the Port has access to the property for the construction work. The Port will also have a permanent servitude for future operation and maintenance of the canals. The Port provided information that no agency of the State of Louisiana is involved in the Right of Entry contract between Miguez Fuel.
Rep. Miguez was first elected to the House of Representatives in the February 21, 2015 election. Rep. Miguez's father is the majority owner of Miguez Fuel, and he and his brother have minority interests in the company. Miguez Fuel leases the property that will be stabilized to SeaTran Marine, which is owned in part by his father. Rep. Miguez is the manager and chief executive officer of SeaTran.
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Rule 605 of the Rules of the Louisiana Board of Ethics allows the Ethics Administrator to issue an emergency opinion when the opinion must be rendered prior to the next regularly scheduled meeting of the Board. The Port provided information that standby penalty costs could have been incurred if the project did not start before the November 18th meeting of the Board. Pursuant to this Rule, and after consultation with the Chairman, the emergency opinion was rendered. This opinion may be relied upon with impunity until such time as the Board adopts a contrary or qualifying opinion at a subsequent meeting.
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R.S. 42:1113D prohibits a legislator, members of his immediate family, and legal entities in which they own an interest in excess of 5% from entering into a contract with state government.
R.S. 42:241 provides that the Port of Iberia District is a political subdivision of the State of Louisiana.
R.S. 42:1113D(1)(a)(v) provides that "state government" means any branch, agency, department, or institution of state government or with LIGA, LHIGA, or any other state quasi public entity created by law.
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Confirm the Emergency Opinion.
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| Assigned Attorney: |
Kathleen Allen |
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