| Advisory opinion request as to whether waste material from the construction site on the grounds of the Louis Armstrong New Orleans International Airport may be disposed of on land owned by a company in which a member of the New Orleans Aviation Board has an ownership interest. |
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Glen D. Smith and his brother, Gary Smith, each own 50% of MHI Investments, LLC, a real estate holding company. Gary Smith is a current member of the New Orleans Aviation Board which was created to oversee the administration, operation, and maintenance of the Louis Armstrong New Orleans International Airport (Airport). The construction of a new terminal on the Kenner site of the Airport requires removal of waste material, consisting of dirt and grass, to make room for suitable fill and foundation. The subcontractors on the construction project are having difficulty finding land owners who will accept the material which has to be removed. MHI Investments, LLC owns vacant land in close proximity to the Airport and commonly accepts materials to help local contractors and truck services dispose of unwanted material at no cost.
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La. R.S. 42:1113A(1)(a) prohibits a public servant, immediate family member, or legal entity in which he has a controlling interest from entering into any contract or transaction that is under the supervision or jurisdiction of the agency of the public servant.
La. R.S. 42:1123(30) creates an exception to permit a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family to donate services, movable property, or funds to his agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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