Meetings
 
Agenda Item
Docket No. 20-571
 
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RE:
Advisory Opinion Request of Alva B. See III, former member of the Board of Directors for the New Orleans Municipal Yacht Harbor Management Corp.
Facts:
In 2008, Alva See, III was appointed by the Mayor of New Orleans to the Board of Directors for the Municipal Yacht Harbor Management Corporation ("Yacht Harbor Corp."), which is a public benefit corporation created by the City of New Orleans. Mr. See served on this Board until April 15, 2020.

The Non-Flood Protection Asset Management Authority ("Management Authority") is a political subdivision of the State of Louisiana, created by the Louisiana Legislature pursuant to La. R.S. 38:330.12 and 38:330.12.1. The Management Authority manages the non-flood protection assets owned by the Orleans Levee District, which is also a political subdivision of the State. The Management Authority oversees Orleans Marina, South Shore Harbor Marina, New Orleans Lakefront Airport, the Lake Vista Community Center, and land leases along the New Basin Canal, as well as Lakeshore Park along Lakeshore Drive. Additionally, the Management Authority maintains the parks associated with the Lakeshore, Lake Vista, Lake Terrace, and Lake Oaks subdivisions as well as the New Basin Canal Park located on the median between West End and Pontchartrain Boulevards. The Management Authority also provides service to the subdivisions in the form of building restriction reviews to ensure compliance with building restrictions enacted after the reclamation and development of the respective subdivisions.

Mr. See was recently asked to submit a bid proposal, through his limited liability company, to perform certain consulting services including a building evaluation and building analysis report to assist the Management Authority with assessing the costs of required remedial repairs.

Law:
La. R.S. 42:1121A(1): No former agency head shall, for a period of two years following the termination of his public service as the head of such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.

La. R.S. 42:1102(3) defines "agency head" to include any member of a board or commission who exercises supervision over the agency.

La. R.S.42:1102(16) defines "person" to include an individual or legal entity other than a governmental entity, or agency thereof.

La. R.S. 42:1121A(2): No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, shall contract with, by employed in any capacity by, or be appointed to any position by the board or commission.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2020-571 - Advisory Opinion Draft
2020-571 - Advisory Opinion Request Alva B. See, III