| Advisory opinion request by Kirk Quinn, Cameron Parish Police Juror District 3, regarding whether he may be employed with Cameron Fisheries when Cameron Fisheries has a lease agreement with the West Cameron Port. |
|
Mr. Quinn serves as the District 3 representative on the Cameron Parish Police Jury since being elected in 2012. The West Cameron Port Commission was established in 1968, pursuant to La. R.S. 34:2551 et seq., as a political subdivision of the State, with full corporate powers. All of the Port Commissioners are appointed by the Governor with recommendations by the Police Jury with the exception of one commissioner being recommended by the Port Commission. The Port Commissioners serve at the pleasure of the State and Governor and is a separate, distinct, and independent political subdivision of the State. Mr. Quinn stated and provided an affidavit from the Port Commissioner Howard Romero evidencing the belief that the Cameron Parish Police Jury has no oversight, authority, or control over the Port Authority or its Commissioners.
The Cameron Parish Police Jury entered into a cooperative endeavor agreement with the West Cameron Port to serve as the fiscal agency for the Community Development Block Grant (CDBG) and to perform the dredging work required to implement the project. The West Cameron Port entered into a sublease of the property with Cameron Fisheries. This work has been completed for the project. The West Cameron Port Commission was responsible for constructing and leasing the property to Cameron Fisheries to operate the seafood processing facility on the land. As per the cooperative endeavor agreement, Cameron Fisheries is required to reimburse the Police Jury for the premiums for the property insurance policies is maintains for the premises. The lease agreement does not expire until the year 2043 and Cameron Fisheries anticipates moving to the location at the Port within 6 months.
|
|
|
This matter was first considered by the Board at its December meeting. The staff asserts that the cooperative endeavor agreement creates a financial relationship between Cameron Fisheries and the Police Jury by virtue of the required insurance payments Cameron Fisheries must make to the Police Jury. A majority of the Board disagreed and directed staff to revise its recommended advisory opinion.
|
|
|
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 has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Brett Robinson |
|
|