| Advisory opinion request as to whether Jeff Kudla, a member of the Lake Charles Historic Preservation Commission, may provide architectural services to a homeowner in the Lake Charles Historic District. |
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The Lake Charles Historic Preservation Commission ("HPC") reviews and considers design guideline standards, as well as requests for variances, exceptions, and conditional use permits within the established historic districts of the City of Lake Charles. Jeff Kudla currently serves as a member of the HPC Board of Commissioners.
Mr. Kudla is a practicing architect and was recently approached by a homeowner from the historic district which the HPC has jurisdiction over to design an accessory structure. This structure would require approval from the HPC to be constructed. Mr. Kudla stated that his designs would be submitted to the HPC for approval as part of the homeowner's application. He proposes recusing himself from any HPC activities and discussion on that project.
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La. R.S. 42:1111E(1): No public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1111C(1)(a): No public servant shall receive any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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