| Advisory opinion request regarding the propriety of Plaquemines Parish dredging a canal partially owned by public servants of Plaquemines Parish. |
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Plaquemines Parish has plans to contract with Coastal Dredging, Inc. to perform much needed dredging of canals, installation of containment berms, and restoration of marsh wetlands. The project would include the dredging of numerous canals including Wilkinson Canal. The Parish President,William "Billy" Nungesser, and Charles Ballay, the District Attorney of Plaquemines Parish, either individually or through trust, have a partial ownership interest in a limited liability company which owns the Myrtle Grove Marina and Wilkinson Canal. Permission to dredge the canals is not needed from property owners because Plaquemines Parish government has the right to maintain the canals at issue for public safety purposes. Mr. Nungesser, as Plaquemines Parish President, would sign the contract with Coastal Dredging, Inc. on behalf of Plaquemines Parish once it is approved by the Plaquemines Parish Council.
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La. R.S. 42:1113A(1)(a) of the Code prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
Section 601 of the Rules for the Board of Ethics provides that the Board will only render advisory opinions to "affected persons." "Affected persons" is defined in the Board's Rules as "any person or governmental agency, or authorized representative of such person or agency with a demonstrable and objective interest in the Board's interpretation, construction, and application of any law within the Board's jurisdiction."
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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