| Request for an Advisory Opinion from Robert Raymond, Director of Legal Services for St. Charles Parish (pop. 52,812) relative to the execution of a property deed transfer by the St. Charles Parish President relative to the purchase of property between Paul J. Hogan, a member of the St. Charles Parish Council, and St. Charles Parish. |
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Paul J. Hogan is a member of the St. Charles Parish Council. On November 28, 2016, the St. Charles Parish Council, by unanimous vote, authorized the sale, at public auction, of certain properties which had been adjudicated to the Parish for unpaid taxes. Lots 91 and 93 of the Modoc Subdivision in St. Charles Parish were specifically authorized and approved for auction through a private auction company known as Civic Source. The subject property was auctioned and the highest bidder was a Louisiana Limited Liability Company solely owned by Paul J. Hogan.
When the parties realized that the purchase of the property might violate the Ethics Code, Civic Source refunded Paul Hogan the sale price and offered the properties to the second highest bidders. The property was never sold or transferred and St. Charles Parish would like to proceed with the original sale to Paul Hogan.
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The Board previously declined to render an opinion relative to this matter citing that it involved past conduct.
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La. R.S. 42:1112B(3) prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction involving the governmental entity in which, to his actual knowledge, 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) prohibits a public servant, or member of his immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency
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| Assigned Attorney: |
Greg Thibodeaux |
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