| Advisory opinion request by Eric Duplantis, Assistiant District Attorney for 16th J.D.C., on behalf of the St. Mary Parish Council regarding whether Donna Bogan may be reappointed to the St. Mary Parish Recreation District No. 7 (Recreational District) if she is a member of the Mid-Area Concerned Citizens, Inc. (MACCO) while MACCO has a cooperative endeavor agreement (CEA) with the Recreational District. |
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Donna Bogan serves on the Recreational District Board. Her husband, Wendel Bogan, serves as an officer and president of MACCO. Mrs. Bogan is one of MACCO's members.
St. Mary Parish School Board (School Board) and the Recreational District entered into a joint CEA with MACCO to provide the citizens of an unincorporated area in St. Mary Parish with a facility to hold civic meetings, recreational events, summer youth programs, funerals, and weddings. In the CEA, the School Board provides MACCO the use of a school facility for these purposes. In exchange, the Recreational District provides insurance and certain maintenance and equipment. MACCO is obligated to perform certain functions such as maintenance of the area used for events, cutting the grass and functioning as a manager of the facility. MACCO's use of the facility is not exclusive. MACCO is listed as a non-profit corporation on the Louisiana Secretary of State's website.
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La. R.S. 42:1113B provides that other than a legislator, no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be 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.
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 servant unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115A(1) or (B) from receiving a gift.
La. R.S. 42:1112B(3) 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 person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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