| Advisory opinion request regarding whether appointed commissioners of the Bunches Bend Protection District or entities partially owned by these commissioners may sell dirt to the Bunches Bend Protection District. |
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Bunches Bend is a mass of land created by the Mississippi River which is protected by a levee that was constructed in 1911. The levee protected 10,000 acres of land including 8,000 acres of farmland and several pipelines. In 2011, a flood over topped the levee causing severe damage and subjecting the area to flooding of the Mississippi River every year. The Bunches Bend Protection District (District) was created by statute in 2012 with the purpose of forming a public body to obtain financing and to oversee the repair and maintenance of the Bunches Bend levee.
The District is run by an appointed commission made up of landowners within the district and representatives from two of the pipelines that run through the area. The District was able to secure a public bond to finance the initial repairs. Due to limited funds, dirt to repair the levee must be purchased from local land owners because it would be too costly to haul the dirt over a long distance. The landowners closest to the areas of the levee that need repair are commissioners of the District.
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La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1121A(2) states that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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