| Advisory opinion request by Chauna Banks, Baton Rouge Metropolitan Councilwoman, regarding whether she, her immediate family members, or non-profit organizations of which she is associated can purchase adjudicated properties in East Baton Rouge Parish through CivicSource/Archon. |
|
Chauna Banks serves as a member of the Metropolitan Council (Metro Council) for the City of Baton Rouge, Parish of East Baton Rouge. She started a non-profit called Revelation Knowledge, Inc., and commissioned a non-profit called NBRNOW. Her son, Clint Berry, owns Rouge Stick Properties, LLC.
The Metro Council passed a resolution on October 18, 2015 authorizing the Mayor-President of Baton Rouge to enter into an agreement with Archon Information Systems, LLC/CivicSource (Archon) for the online sale and auction of adjudicated properties. This resolution pre-approved all sales for the highest bid under the system. The Metro Council does not review or approve each high bid received.
The online auctions and sales through Archon only involve properties that have been adjudicated for five years or more. If a party is interested, he or she will initiate the auction by placing a deposit on Archon's website. Placing the deposit initiates the process of additional research, notice, and the bringing of the property to auction. Archon handles all of the title work, publication, and notice required by law through closing.
|
|
La. R.S. 42:1113A(1)(a) provides that no public servant, or member such 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.
La. R.S. 42:1111E provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, 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 agency of such public servant. (2)(a) 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.
|
|
| Assigned Attorney: |
Brett Robinson |
|
|