| A request for an advisory opinion, submitted by Joseph Gordon-Wiltz, concerning whether the Louisiana Code of Governmental Ethics would prohibit his acceptance of the appointment to the Board of Commissioners of the Lafayette Economic Development Authority while he is employed with the Lafayette City-Parish Consolidated Government ("LCG"). |
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Mr. Gordon-Wiltz is currently employed by the LCG as an Assistant Clerk for the Council. Recently, he was appointed to the Board of Commissioners of the Lafayette Economic Development Authority ("LEDA"). LEDA has the statutory authority to enter into any cooperative endeavors with any governmental subdivision, which could include cooperative financing i.e. loans, loan guarantees, lease guarantees, or financial subsidies and incentives. As such the LEDA Board members will possibly and likely be involved in transactions with LCG and in which both LEDA and LCG have an economic interest.
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La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate 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. 42:1112D states that no appointed member of any board or commission, except as otherwise provided in La. R.S. 42:1120.4, shall participate or be interested in any transaction involving the agency when a violation of this Part would result.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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