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Advisory opinion request regarding whether Joey Normand, in his capacity as the Mayor of the Town of Brusly, may participate in transactions involving Harry Laws, Inc. if the Mayor's son-in-law becomes president of Harry Laws, Inc. |
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Joey Normand is the Mayor of the Town of Brusly. As Mayor, Mr. Normand also serves as the designated Building Official. As the Building Official, he is responsible for all things involving land use; including initial discussions; preliminary plat review, construction plans review, receiving substantial completion recommendations from the engineer; and recommending final plat acceptance. Thus, Mr. Normand would have frequent contact with the land owner.
Harry Laws, Inc. owns 15,000 acres of land, most of it adjacent to the Town of Brusly. It is referred to as the Cinclare property. Cinclare has evolved from farming to a land management company. Cinclare is interested in developing the land for residential and commercial purposes. To help with the tax base, it is in the Town of Brusly's best interest to have Cinclare develop the land within the Town limits, which would require the annexation of the land into the Town of Brusly.
Cinclare has a CEO, Board of Directors and a President. The President is an on-site manager and everything goes through the President. The President reports to the Board of Directors periodically, but the Town of Brusly only deals with the President when it is discussing anything.
The President of Cinclare intends to retire in approximately 4 years. Mayor Normand's son-in-law has accepted a job with Cinclare for the express purpose of becoming President of the Cinclare when the position becomes available. He will have no ownership in the company and will not sit on the Board of Directors. He will be an employee and President when the position becomes available.
Mayor Normand has posed several questions regarding the Town's involvement with Cinclare if his son-in-law becomes President of Cinclare.
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La. R.S. 42:1113A 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. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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