| Advisory opinion request by Jonathan Gaspard on behalf of the Avoyelles Water Commission regarding whether there is a conflict of interest with the Avoyelles Water Commission (Commission) having a Certificate of Deposit with the Cottonport Bank while two members of the Commission have immediate family members employed by Cottonport Bank. |
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The Avoyelles Water Commission was created under the provisions of La. R.S. 33:3811 which provides that "[p]olice juries may divide their respective parishes into one or more waterworks districts...." The President of the Commission is Penn A. Lemoine and his wife, Jacqueline, is employed by Cottonport Bank. Albin M. Lemoine, Jr. is also a member of the Commission and his daughter, Rebecca Lemoine, is employed by Cottonport Bank.
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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 received 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 who such public servant would be prohibited by R.S. 42:1115A(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 39:1233.1 provides that notwithstanding any provision of Chapter 15 of Title 42 of the Revised Statutes of 1950 or any other law to the contrary, any member of a local depositing authority, including the chief executive officer thereof, may serve as an officer, director, or employee, whether compensated or not, of any national or state bank; provided that he shall recuse himself from voting in favor of any such bank and shall disclose the reason for such recusal by filing same into the minutes or record of the local depositing authority and by forwarding a disclosure form to the Board of Ethics.
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To be made during the meeting.
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| Assigned Attorney: |
Brett Robinson |
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