Request for advisory opinion regarding a member of the Council for the Town of Arcadia leasing property owned by the Town. |
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The Town of Arcadia owns an outlet store mall facility. The facility currently has multiple vacancies. Leases for the facility are handled by the Mayor's office and the town attorney. Joseph Pruitt, Jr. is a member of the Arcadia Town Council, but also works as a barber in a private capacity. Mr. Pruitt would like to enter into a lease for a space in the outlet store mall facility. The Town of Arcadia has a population less than 5,000 people, according to the last decennial census.
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La. R.S. 42:1113(A)(1)(a) 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.
La. R.S.
42:1123(22) provides that any mayor or member of a governing authority
of a municipality with a population of five thousand or less, or legal
entity in which he has a controlling interest, from entering into any
transaction that is under the supervision or jurisdiction of the
municipality provided that the transactions are under the supervision or
jurisdiction of the municipality and the municipality submits a plan to
the Board of Ethics for approval in accordance with this Section.
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Adopt proposed draft advisory opinion.
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Assigned Attorney: |
Charles Reeves |
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