| Advisory opinion request of Reginald H. Smith, Jr., a board member of the New Orleans Municipal Yacht Harbor Management Corporation, which is a sub-division of the City of New Orleans regarding his ability to place his name on a waiting list for a slip lease in anticipation of availability in 2018. |
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Reginald H. Smith, Jr., is a board member for the New Orleans Municipal Yacht Harbor Corporation (Harbor Corp), which is a public corporation formed by the City of New Orleans to manage the West End Park area, including the municipal yacht harbor.
The harbor was destroyed by Hurricane Katrina. After years of negotiating with FEMA, funds were approved for reconstruction of the harbor, which is scheduled to be complete in mid-2018, at which time the slip leases will be made available to the public. Mr. Smith is interested in placing his name on the wait list for an available slip in the harbor, with the anticipation of resigning from the board at the end of the construction phase and before executing a lease with the Harbor Corp.
The wait list is maintained by the Executive Director of the Harbor Corp, and requires a temporary application to be submitted to the Harbor Corp. At this time, the procedure for selecting wait list applicants to receive available slips is not set out in detail; however, the Executive Director will have the final decision making authority.
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La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a 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 which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt the draft advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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