| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Monroe City Councilman Michael Echols' business, Michael Echols Enterprises, LLC, from submitting an application to the City Council for approval of tax credits from the Tax Abatement Restoration Program. |
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Angie Baldwin, the Monroe City Attorney, requested an advisory opinion on behalf of the City of Monroe regarding whether the Code of Governmental Ethics would prohibit Monroe City Councilman Michael Echols' business, Michael Echols Enterprises, LLC, from participating in the Tax Abatement Restoration Program and if so may the Monroe City Council approve the application for the tax credits. Ms. Baldwin stated that Michael Echols Enterprises, LLC recently purchased property in the Downtown Economic Development District in Monroe and applied for the Restoration Tax Abatement program under La. R.S. 47:4311 through the Louisiana Department of Economic Development. In compliance with La. R.S. 47:4314 the La. Department of Economic Development forwarded the application of Michael Echols Enterprises, LLC to the Monroe City Council.
The Tax Abatement Restoration Program requires the Monroe City Council to hold an advertised public hearing prior to voting on the application. Once a hearing is conducted, the Monroe City Council would vote to approve or disapprove the application and make a report of the reasons for its decision. The report is returned to the Louisiana Department of Economic Development within 60 days for review by the Louisiana Department of Economic Development. At that time the Louisiana Department of Economic Development reviews the application and report to determine if the requirements for participation in the Tax Abatement Restoration Program have been met. Then the Department of Economic Development votes to approve or disapprove the application. If approved the application is then forwarded to the Governor for approval or disapproval. Ms. Baldwin added that Councilman Echols provided that if the application is allowed to proceed for review by the Monroe City Council, he will recuse himself.
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La. R.S. 42:1112Aprohibits a public servant, except as provided in R.S. 42:1120, from participating 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. 42:1113A prohibits a public servant, a member of his immediate family or a legal entity in which either owns a controlling interest, from bidding on or entering into a contract, subcontract or transaction that is under the supervision or jurisdiction of the public servant's agency.BD A.O. 2017-1332 the Board allowed the West Baton Rouge Chamber of Commerce to submit an application for Reliant, a parish councilman's business to the parish council for an exemption of advalorem taxation through the Industrial Ad Valorem Tax Exemption Program (ITEP).
La. R.S. 42:1114 requires a public servant, who derives a thing of economic value, directly, through any transaction, involving the agency of such public servant ...
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To be made at the Board meeting.
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| Assigned Attorney: |
Suzanne Mooney |
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