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Advisory opinion request from Richard Cortizas New Orleans City Attorney regarding whether Nolan Marshall an employee of the Downtown Development District would be prohibited from being appointed to the City Planning Commission. |
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Mr. Cortizas has written requesting an advisory opinion concerning whether the Code of Governmental Ethic's would prevent Mr. Nolan Marshall an employee of the Downtown Development District of the City of New Orleans (DDD) from being appointed member of the City Planning Commission for the City of New Orleans (CPC).The DDD is a special taxing district created by the legislature. (R.S. 33:2740.3) The CPC was also created by legislation found under the Home Rule Charter. (R.S. 33:101) The DDD periodically submits its plan specifying the public improvements, facilities and services proposed to be furnished, constructed or acquired for the district to the CPC for its consideration and determination of whether the DDD plan is consistent with the Comprehensive Plan for the City of New Orleans.
The CPC then submits the DDD plan together with the CPC's written comments and recommendations to the New Orleans City Council for its adoption modification or rejection. Further CPC annually receives reviews and approves DDD's operating and capital budgets. The CPC is not responsible for hiring and firing of DDD personnel, determining salaries or participating in other DDD personnel related matters or day-to-day DDD operations.
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La. R.S. 42:1102(16) defines a person as an individual or legal entity other than a governmental entity or an agency thereof.
La.R.S. 42:1102(21)(a) Codes exempts the interest a public servant has in his position, office rank, salary, per diem or other matter arising from his public employment or office from the definition of substantial economic interest. .
La. R.S. 42:1113B prohibits an appointed member of any board or commission, or member of his immediate family from bidding on or entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of the appointed member.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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