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Advisory opinion regarding whether Plaquemines Parish President William Nungesser may enter into an agreement with FEMA to place trailers at a trailer park owned by Mr. Nungesser. |
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William Nungesser is the Parish President of Plaquemines Parish. Mr. Nungesser owns 100% of Live Oak Grove Properties, LLC, which is a trailer park. Cleo Hammett, the property manager of Live Oak Grove Properties, was approached by the Federal Emergency Management Agency (FEMA) to place trailers on its property to house victims of Hurricane Isaac.
Plaquemines Parish Government will have no role in the placement of the trailers no any role in the payment made for the placement of these trailers. The trailer park is already fully permitted and there will be no need for any new granting of permits by the parish government.
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Whether Plaquemines Parish President William Nungesser may enter into an agreement with FEMA to place trailers at a trailer park owned by Mr. Nungesser.
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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 j
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.
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Since Mr. Nungesser will not be entering into a transaction - placing trailers on is property - which is under the supervision or jurisdiction of his agency - Plaquemines Parish -, no issue arises under R.S. 42:1113A. Further, since FEMA is a public agency, Mr. Nungesser's trailer park is not prohibited from leasing space to FEMA for the placement of trailers.
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 FEMA and annually thereafter on or before May 15th.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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