| Advisory opinion request by Anthony Duplechin, Director of the Capital Area Ground Water Conservation District, regarding whether David Kozan may serve on the Capital Area Ground Water Conservation District (District) Board of Commissioners while Owen & White, Inc., has a contract with the District. |
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On December 13, 2016, the District Board voted to hire Owen & White, Inc., to assist the District in preparation of a bid package that includes design, bidding, and construction support for the installation of the first exploratory well. The District received notice that David Kozan was appointed by Governor Jon Bel Edwards to the District Board of Commissioners on December 20, 2016.
David Kozan has been employed as a project manager for Owen & White, Inc., since June of 2014. Mr. Kozan has no ownership interest in Owen and White, Inc., and that he would not participate in any way in the services the company will perform for the District. He has not been formally installed as a board member of the District.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive 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 from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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