| Advisory Opinion request of David Opperman, on behalf of Tim Corcoran, East Feliciana Parish School Board member. |
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David Opperman represents Tim Corcoran. Mr. Opperman stated that Tim Corcoran serves as an elected member of the School Board. He is interested in developing a sports park in the Slaughter area. The most suitable property for the possible sports park is currently owned by the School Board. However, the School Board may be interested in selling the property to a third party in the future. Mr. Corcoran acknowledges that he cannot enter into an agreement with the School Board to develop the property while it is owned by the School Board and he serves as a member of the School Board.
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La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(5) prohibits a public servant from participating in a transaction in which the following person has a substantial economic interest: 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.
La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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