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Advisory opinion request concerning the propriety of Plaquemines Parish President, William Nungesser, providing the U.S. Army Corps of Engineers an access road to the Ollie Pump Station in Plaquemines Parish. |
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The U.S. Army Corps of Engineers proposed that it use Nungesser Lane (property owned by Mr. Nungesser), as a right of way to the Ollie Pump Station. The use of this road would cause considerable damage to it, and at the end of the project the U.S. Army Corps of Engineers would repair the road to its state prior to the use. The contractual arrangement for the project will be between the U.S. Army Corps of Engineers and its contractor and does not involve Mr. Nungesser's participation.
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Whether Plaquemines Parish President, William Nungesser, may provide the U.S. Army Corps of Engineers an access road through property he owns to the Ollie Pump Station in Plaquemines Parish.
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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 public servant.
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Since Mr. Nungesser's is not entering into a transaction with his agency, rather the Army Corps of Engineers, for the use of his property no violation of the Code of Ethics appears to be presented under this facts of this request. Mr. Nungesser should be advised that he will be required to file a R.S. 42:1114.3 disclosure statement within 30 days of entering into the contract/agreement with the Army Corps of Engineers and annually thereafter on or before May 15th.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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