| An advisory opinion request regarding the propriety of Louisiana Beef Industry Council members participating in the expenditure of funds to entities that appoint members to serve on the Louisiana Beef Industry Council. |
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Louisiana Beef Industry Council (LBIC) is an eleven member board within the Louisiana Department of Agriculture and Forestry that it is mandated by statute to have members comprised as follows: (1) the president of the Louisiana Cattlemen's Association (LCA); (2) five members appointed by LCA; (3) three members appointed by the Louisiana Farm Bureau Federation (LFBF); (4) one member appointed by the Louisiana Livestock Auction Markets Association; and (5) the Commissioner of Agriculture as an ex-officio member. LBIC administers the National Beef Checkoff at the state level and the Louisiana Beef Checkoff by collecting and disbursing assessments on cattle sold within the state of Louisiana. The money collected is used for the promotion of beef and funds research concerning cattle production. In spending the money collected through the checkoff programs, LBIC considers and votes regarding the funding of projects which has resulted in the payment by LBIC to LCA, LFBF, and other entities. LBIC has an ongoing contract with LCA for the administration of the checkoff programs that was not the result of a competitive procurement. LBIC members do not receive a salary for their services as members.
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Section 1112A of the Code of Governmental Ethics prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
Section 1112B(3) of the Code of Governmental Ethics 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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