| Advisory Opinion request regarding the appointment of Mark Buntyn to the Lake Providence Port Commission (East Carroll Parish) while he is employed with the Louisiana Delta Bank and the Port Commission maintains accounts with the Louisiana Delta Bank. |
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The Lake Providence Port Commission (Port Commission) was created by Act 450 of the 1958 regular session of the Louisiana Legislature. The Port Commission is a political subdivision of the State and is governed by La. R.S. 34:1501, et seq. The Port Commission consists of seven members, with the East Carroll Parish Police Jury appointing four members, the Town of Lake Providence appointing two members, and the Port Commission itself appointing one member.
Due to the death of one of the commissioners, the Port Commission would like to appoint Mark Buntyn to fill the open position on the commission. Mr. Buntyn is the Executive Vice President of the Louisiana Delta Bank, serves as the President of the local branch, and is a stock holder in the bank. The Port Commission has accounts and loans with Louisiana Delta bank.
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AO 1992-272: The Board found that the Lake Providence Port Commission was a state agency and, therefore, not a local depositing authority.
The Board also found that the following port commissions were state agencies and, therefore, not a "local depositing authority" within the the exception: Greater Krotz Springs Port Commission (96-180); Sabine River Authority (2004-221); Red River Parish Port Commission (2004-570).
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La. R.S. 39:1233.1: Notwithstanding any provision of Chapter 15 of Title 42 of the Revised Statutes of 1950 or any other law to the contrary, any member of a local depositing authority, including the chief executive officer thereof, may serve as an officer, director, or employee, whether compensated or not, of any national or state bank; provided that he shall recuse himself from voting in favor of any such bank and shall disclose the reason for such recusal by filing same into the minutes or record of the local depositing authority and by forwarding a disclosure form to the Board of Ethics. The Board of Ethics shall develop, in accordance with the Administrative Procedure Act, a disclosure form to be utilized in complying with the provisions of this Section.
La. R.S. 39:1211: The term, "local depositing authorities", includes all parishes, municipalities, boards, commissions, sheriffs and tax collectors, judges, clerks of court, and any other public bodies or officers of any parish, municipality or township, but it does not include the state and its elected officials, and state commissions, boards, and other state agencies.
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: (d) Neither performed for nor compensated by 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; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1112B(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest. 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 proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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