Meetings
 
Agenda Item
Docket No. 13-510
 
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RE:
Advisory opinion request regarding the propriety of Plaquemines Parish dredging a canal partially owned by Plaquemines Parish President, Billy Nungesser.
Facts:
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, either individually or through trust, has 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.
Comments:
A disqualification plan was first requested in June, 2013. After multiple follow-up requests, the disqualification plan has not been provided.
Law:
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.

La. R.S. 42:1112A 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.

La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2013-510 Draft Advisory Opinion (3)
2013-510- Advisory Opinion Request