| Request to withdraw an advisory opinion request as to whether Walter G. Kirkland may continue to provide surveying services after he is sworn in as the elected Assessor for Jackson Parish. |
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Walter G. Kirkland was elected as the Assessor for Jackson Parish. Mr. Kirkland is a professional land surveyor and the owner/president of W.G. Kirkland & Associates, Inc., a professional surveying firm located in Jonesboro, Louisiana. W.G. Kirkland & Associates, Inc., employs another licensed surveyor and other personnel to conduct the daily duties of W.G. Kirkland & Associates, Inc., and Mr. Kirkland's duties would be limited to a managerial role. However, he may be required at times to sign or seal drawings and descriptions and conduct no-work affidavits. It is possible that clients of W.G. Kirkland & Associates, Inc., may file its surveys with the Jackson Parish Assessor's Office.
Mr. Kirkland submitted a request to withdraw his request for an advisory opinion because he has been unable to obtain information requested by the Board from the Tax Commission and he is in the process of selling his business which would make the question moot. Mr. Kirkland will submit another advisory opinion request in the future if it is necessary.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent from receiving any thing of economic value for services rendered to or for any person during his public service if such person has substantial economic interests which may be substantially affected by the performance or nonperformance of the public servant's official duty.
La. R.S. 42:1111E states that no elected official of a governmental entity shall receive or agree to receive any thing of economic value for assisting a person in a transaction or in an appearance in connection with a transaction with the governmental entity or its officials or agencies, unless he files a sworn written statement with the board prior to or within ten days after initial assistance is rendered.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
La. R.S. 42:1112B provides that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: (1) Any member of his immediate family; (2) Any person in which he has a substantial economic interest of which he may reasonably be expected to know; (3) Any person of which he is an officer, director, trustee, partner, or employee; (4) Any person with whom he is negotiating or has an arrangement concerning prospective employment; and (5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
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Allow the withdrawal of the advisory opinion request.
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| Assigned Attorney: |
Jennifer Land |
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