Meetings
 
Agenda Item
Docket No. 13-228
 
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RE:
Advisory opinion regarding whether James Bergeron, Jr., a City of Eunice Aldermen, may enter into a settlement with the City of Eunice involving sewer usage fees.
Facts:
James Bergeron, Jr. is an Alderman for the City of Eunice. In 2011, Mr. Bergeron purchased a building in the City of Eunice. The prior owners as well as Mr. Bergeron since purchasing the building has paid the City of Eunice sewer usage fees. After his purchase, Mr. Bergeron began having plumbing issues. He engaged the services of a plumber who discovered that his building was connected to an old septic system and not the City's sewer system.

Subsequent to this discovery, Mr. Bergeron informed the City of Eunice. He had a meeting with the Building Director and the Mayor. The Building Inspector and the Mayor informed Mr. Bergeron that his building would need to be connected to the City's sewer system, which typically carries a $1,000 sewer tap fee. However, since Mr. Bergeron and the previous owners had been paying the City sewer usage fees when , in fact, the building was not even connected to the sewer system, the City and Mr. Bergeron would like to enter into a type of settlement agreement where Mr. Bergeron would not be required to pay the $1,000 sewer tap fee and he would not file suit for pass sewer usage fees paid. This is a unique situation and the City is not aware of another incident like this.

There is no draft of the settlement documents nor any past settlement documents involving a similar case. The City is looking for guidance on how to handle this matter.

Law:
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.

La. R.S. 42:1120 provides that any elected official, who is required to vote on a matter in violation of Section 1112 of the Code, must recuse himself from voting. The elected official is not prohibited from participating in discussion and debate concerning the matter provided that he verbally discloses the nature of the conflict or potential conflict during his participation in the discussion or debate prior to any vote being taken.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-228 Draft Opinion
2013-228- Advisory Opinion Request