| Advisory opinion request from counsel for the Pontchartrain Levee District (PLD) regarding a potential conflict of interest involving the need for an easement on land owned by PLD Commissioner Jerry Savoy. |
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Request for an advisory opinion on behalf of the Ponchartrain Levee Board (PLD), regarding whether the Code of Governmental Ethics (Code) would prohibit the PLD from acquiring an easement on land owned by a member of its Board of Commissioners. You stated that at the September PLD Board meeting, Commissioner Jerry Savoy publicly disclosed that he, in his individual capacity, had purchased land that is located in the "footprint" of a project involving the PLD. Alternatively, the PLD wants to know if it could accept a donation of the easement from Commissioner Savoy.
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La. R.S. 42:1112 prohibits a public servant from participating in a transaction in which he has a substantial economic interest.
La. R.S. 42:1113B provides that 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 transaction which is under the supervision or jurisdiction of the appointed member's board or commission.
La. R.S. 42:1123(30) provides an exception whereby a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
La. R.S. 42:1102(20.1) defines "service" to include the leasing, rental, or sale of movable or immovable property.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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