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Advisory opinion concerning whether Mr. Steven Wilson may accept a position with his current employer in a matter which may come before his board, the Ponchartrain Levee District. |
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The Ponchartrain Levee District is an entity charged with operation and maintenance of the Mississippi River levee and other flood protection and drainage structures within the parishes of: Ascension, East Baton Rouge, Iberville, St. Charles, St. James, and St. John the Baptist in the State of Louisiana.
Steven C. Wilson is the commissioner appointed by Governor Jindal and serves as President of the Board of Commissioners. Mr. Wilson is currently employed by Motiva Enterprises, L.L.C. in Norco, LA. Mr. Wilson's employer has requested that he be assigned to a particular project for Motiva situated primarily in Ascension and St. James Parishes. Part of the duties and obligations Mr. Wilson would assume, if he accept this promoted position, would be permitting for a particular project for Motiva. This permitting would include obtaining permits from the United States Army Corps of Engineers, the Office of Coastal Protection and Restoration, and/ or the Louisiana Department of Transportation and Development. Additionally, the final approval would possibly involve receiving a Letter of No Objection issued by the Ponchartrain Levee District, Board of Commissioners, for work in and around the Mississippi River levee.
It is anticipated that on any vote by the Board of Commissioners involving the project, Mr. Wilson would abstain from voting. Further, as President, Mr. Wilson typically does not vote unless there is a necessity to break a tie or constitute a quorum. As a point of further information, if the United States Army Corps of Engineers and the Office of Coastal Protection and Restoration./Louisiana Department of Transportation and Development issues approval on a request, the Ponchartrain Levee District is mandated to issue the Letter of No Objection based upon those two prior approvals.
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Section 1113B of the Code prohibits an appointed member of a board or commission or a legal entity in which he has a substantial economic interest, from entering into or being inany way interestedin a contract, subcontract or any other transaction that is under the supervision or jurisdiction of the board or commission.
Section 1112 of the Code which provides that no appointed member of a board or commission, except as otherwise provided by Section 1120.1 and 1120.4, shall participate in a transaction involving the governmental entity in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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