Meetings
 
Agenda Item
Docket No. 19-069
 
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RE:
Advisory opinion regarding whether the Code of Governmental Ethics (Code) would prohibit Berwick Town Councilman Kevin P. Hebert from participating in any discussion or votes related to the Morgan City Harbor and Terminal District (Terminal District) and/or the Cajun Coast Welcome Center in Morgan City (Welcome Center).
Facts:
Mr. Hebert was elected councilman in the November 2018 election and was sworn in January 1, 2019. Councilman Berwick is 50% owner of Clean Sweep Janitorial. Clean Sweep Janitorial has contracts with both the Terminal District and the Welcome Center. Both the Terminal District and the Welcome Center are separate political subdivisions of the State of Louisiana and not part of the Town of Berwick. Further, the Town of Berwick does not transfer or pay funds to either governmental entity.
Law:
Section 1112A prohibits a public servant from participating in a transaction in which he has a substantial economic interest.


Section 1112B(5) of the Code prohibits a public servant, from participating in a transaction involving the governmental entity in which, to his actual knowledge, any person who is a party to an existing contract with such public servant or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent ... and who by reason thereof is in a position to affect directly the economic interests of such public servant.

Section 1102(16) of the Code defines "person" to mean an individual or legal entity other than a governmental entity or agency thereof.

Recommendations:
Adopt draft opinion.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2019-069- Draft Advisory Opinion
2019-069 Request for Adv Opinion