Agenda Item
Docket No. 12-251
Advisory opinion regarding whether Reginald Smith, Jr. may serve on the Community Sailing New Orleans, Inc. Board while serving as a member of the New Orleans Municipal Yacht Harbor Management Corporation Board.
Reginald Smith, Jr. is a member of the New Orleans Municipal Yacht Harbor Management Corporation Board (NOMYHMC), a public corporation of the City of New Orleans. Mr. Smith was appointed by the Mayor and serves without pay. Mr. Smith is also an uncompensated board member of the Community Sailing New Orleans, Inc.(NOSCI), a recently formed 501(c)(3) nonprofit corporation. It was organized for the purpose of promoting sailing and boating for those who do not have the resources to have access to these sports and/or may be handicapped.

The NOSCI intends to request permission from the NOMYHMC to locate the center within the Municipal Yacht Harbor and execute a lease for the water bottoms under the administration of NOMYHMC.

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 from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from 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 have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.

La. R.S. 42:1123(1) provides an exception for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received.

Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
2012-251- Advisory Opinion Request
2012-251 Draft Opinion