| Request for Advisory Opinion from Jimmy Cantrelle, Lafourche Parish President, relative to having an employee of the Lafourche Parish Government rent an apartment in a building which is owned by a company in which Cantrelle owns twenty-five percent. |
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James "Jimmy" Cantrelle, Lafourche Parish President, owns a 25% interest in Country Square, LLC. Country Square, LLC owns an apartment complex. The other owners of Country Square, LLC include Cantrelle's wife, son and daughter with equal ownership of 25% each. An employee of the Lafourche Parish Government would like to rent an apartment in the complex at fair market value without any discount. Cantrelle has no say in the management of the apartment complex as that is handled by Cantrelle Heating and A.C., which is owned by Cantrelle's son.
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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: (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. 42:1102(20.1) defines "service" as the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property.
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Adopt the proposed Advisory Opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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