| A request for an advisory opinion, submitted on behalf of the Town of Golden Meadow, concerning whether the Louisiana Code of Governmental Ethics would prohibit Town of Golden Meadow elected council members from executing written servitudes with the Town of Golden Meadow and receiving the appraised value as compensation. |
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The Town of Golden Meadow is a Lawrason Act municipality and has received funding to expand its existing sewer system. In doing so, it must acquire servitudes for the construction, operations, and maintenance of the sewer pipes, lift stations, and other components of the system. Under the designed layout of the project, the sewer system will cross tracts of land owned by Town council members.
The sewer system is designed to cross parcels owned by two of the Town's elected Council Members, Lindbergh Lorraine and Ashton Cheramie. These gentlemen have, like everyone else to date, agreed to accept the appraised value as consideration for executing the necessary servitudes.
The servitudes are valued by a licensed appraiser, and the resulting amount is offered to the respective landowner in consideration of entering a written servitude agreement. The vast majority of landowners (to date, all landowners) have accepted the appraised value and ultimately execute the servitude in favor of the Town. The servitudes are then executed by the Mayor of Golden Meadow on behalf of the Town.
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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. 42:1113A states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
La. R.S.42:1120 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate.
Advisory Opinion (Docket No. 2016-517).
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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