| Advisory Opinion request from Joshua O'Quin, a member of the East Feliciana (pop.20,267) Planning and Zoning Commission, relative to his continued service after his mother, Chrissie O'Quin, was elected to the East Feliciana Police Jury. |
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Joshua O'Quin was appointed in October 2019 by the East Feliciana Police Jury to serve on the Planning and Zoning Board for a six year term. Mr. O'Quin's mother, Chrissie O'Quin, was recently elected to the East Feliciana Police Jury in October 2019 and was sworn in on January 14, 2020.
The primary duty of the Planning and Zoning Board is to approve property designated for subdivisions in East Feliciana Parish.
Mr. O'Quin is a state licensed commercial and residential contractor who primarily does commercial and residential remodels and the occasional new home construction.
Mr. O'Quin has never had to present a matter before the Planning and Zoning Board, however he may in the future decide to develop a subdivision.
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Advisory Opinion 2019-596 recognizes that the appointment by a Police Jury is considered to be a transaction with the agency,.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for services rendered from a person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1113A(1)(a) prohibits a public servant or member of such a public servant's 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 the agency of such public servant.
La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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