| Advisory opinion request by Isaac Funderburk, City Attorney for the City of Abbeville (Vermilion Parish pop. 12,257), on behalf of City of Abbeville Mayor Mark Piazza and Councilwoman Roslyn White regarding potential conflicts of interest by members of Councilwoman Roslyn White's immediate family and companies they own engaging in business relationships with the City of Abbeville. |
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Roslyn White took office as a Councilwoman for the City of Abbeville on July 1, 2018.
Monor, Inc.
Councilwoman White's mother, Arlene Broussard White Collee, is the sole shareholder and president of Monor, Inc. Monor, Inc. has a management contract with the City of Abbeville to operate a RV Park which is located on property owned by the City. This contract was originally executed in June of 1998 with a fixed seven year term followed by five renewal terms of five years each. The current contract will be up for renewal in June of 2020 while Ms. White will be serving in her capacity as Councilwoman. The information provided is that the City Council does not have to take any action to complete the renewal for another five year period and that the price and other terms would not change.
Vermilion Oaks
Arlene Collee owns less than a twenty-five percent interest in Vermilion Oaks, an entity which owns a golf course. Vermilion Oaks may be interested in selling or leasing the golf course to the City of Abbeville.
Broussard Brothers and Acadian Contractors, Inc.
Ms. Collee also owns less than a twenty-five percent interest in Broussard Brothers, Inc. However, Councilwoman White is employed by Broussard Brothers, Inc. This company may seek to expand its service area in the future.
Acadian Contractors, Inc. is a subsidiary of Broussard Brothers, Inc. Broussard Brothers owns ninety-five percent of Acadian Contractors. No immediate family member of Councilwoman White owns stock in Acadian Contractors. In the past, the City of Abbeville has contracted with Acadian Contractors to use its crane for the removal or installation of heavy equipment at one of the City's plants. Acadian Contractors may be interested in bidding on public works let by the City of Abbeville.
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La. R.S. 42:1112B(1) and (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 member of his immediate family or any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1113A(1)(a) provides that No public servant 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.
La. R.S. 42:1114A provides that other than a legislator, each public servant and each member of his immediate family who derives any thing of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose the following: (1) The amount of income or value of any thing of economic value derived; (2) The nature of the business activity; (3) Name and address, and relationship to the public servant, if applicable; and (4) The name and business address of the legal entity, if applicable.
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 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.
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| Assigned Attorney: |
Brett Robinson |
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