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Emergency advisory opinion concerning Kenneth Boudreaux, a Lafayette City-Parish Councilman, participating in the council's approval of the Lafayette City-Parish Consolidated Government's Budget for the 2019-2020 Fiscal Year. |
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In a memorandum provided by Stephen J. Oats and Todd M. Swartzendruber:
1. Mr. Boudreaux is a member of the Lafayette City-Parish Council.
2. Mr. Boudreaux owns a limited liability company that has a contract with Lafayette Parish Sheriff Mark Garber to provide professional services in the areas of community and volunteer programs and services. According to the contract, the company provides services for the purpose of building strategic relationships, conducting outreach activities and recruiting volunteers to promote social, educational and spiritual relationships between the Lafayette Parish Sheriff's Office and the community.
3. The funding for the contract with the Sheriff comes from property tax, sales tax and/or state revenue sharing.
4. Another city-parish councilman proposed to amend the parish's budget to provide additional funding to the Lafayette Parish Sheriff for the Lafayette Parish Correctional Center.
5. The funding for Mr. Boudreaux's contract is not affected by the passage or defeat of the amendment to provide additional funding for the correctional center.
Mr. Boudreaux stated that the budget amendment was offered on August 12, 2019, but that no vote was taken by the council on the amendment.
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Rule 605 of the Rules of the Louisiana Board of Ethics allows the Ethics Administrator to issue an emergency opinion when the opinion must be rendered prior to the next regularly scheduled meeting of the Board. Mr. Boudreaux provided information that the budget was before the council on September 5, 2019. Pursuant to this Rule, and after consultation with the Chairman, the emergency opinion was rendered. This opinion may be relied upon with impunity until such time as the Board adopts a contrary or qualifying opinion at a subsequent meeting.
This matter was docketed for the Board's consideration at a past meeting; however, it was not included on a prior agenda due to a lack of an assigned meeting date.
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Rule 605 of the Rules of the Louisiana Board of Ethics allows the Ethics Administrator to issue an emergency opinion when the opinion must be rendered prior to the next regularly scheduled meeting of the Board. Pursuant to this Rule, and after consultation with the Chairman, this emergency opinion is therefore rendered. This opinion may be relied upon with impunity until such time as the Board adopts a contrary or qualifying opinion.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(5) 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, or who owes any thing of economic value to such public servant, or to 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.
La. R.S. 42:1102(16) defines "person" as an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(12) defines "governmental entity" as the state or any political subdivision to which the elected official is elected.
La. R.S. 42:1102(21) defines "political subdivision" as any unit of local government, including a special district, authorized by law to perform governmental functions.
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Confirm the Emergency Opinion.
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| Assigned Attorney: |
Kathleen Allen |
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