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Last modified
7/12/2021 10:27:26 AM
Creation date
8/20/2018 2:03:11 PM
Metadata
2018-776
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-776
Requesting Party
Eric P. Duplantis
Decision Date
8/17/2018
Law
La. R.S. 42:1111C(2)(d)
Caption
St. Mary Parish would not be prohibited from transacting business with a company that employs a St. Mary councilman provided the councilman is a wage-earning or salaried employee, his salary would be unaffected by the contractual relationship between the company and St. Mary Parish, the councilman owns no more than 25% of the company and is not an officer, director, trustee, or partner of the company.
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-3- <br /> • Clearly, the "ABC" Company will reap a "substantial economic <br /> interest"1 from "A's" "participation" in the consideration by the "XYZ" <br /> Parish Council of both the application to rezone property owned by the <br /> "ABC" Company as well as the "transaction involving the governmental <br /> entity"2 culminating in the adoption of resolutions and ordinances <br /> 1 Section 1102 (21) defines "substantial economic interest as <br /> follows: <br /> "1102. Definitions <br /> (21) 'Substantial economic interest' means an <br /> economic interest which is of greater benefit to the <br /> public servant or other person than to a general <br /> class or group of persons, except: <br /> (a) The interest that the public servant <br /> has in his position, office, rank, salary, <br /> • per diem, or other matter arising solely <br /> from his public employment or office. <br /> (b) The interest that a person has as a <br /> member of the general public." <br /> 2 Section 1102 (23) of the Code defines "transaction involving <br /> the governmental entity" as follows: <br /> "1102. Definitions <br /> * * * * * <br /> (23) 'Transaction involving the governmental <br /> entity' means any proceeding, application, <br /> submission, request for a ruling or other <br /> determination, contract, claim, case, or other such <br /> particular matter which the public servant or former <br /> public servant of the governmental entity in <br /> question knows or should know: <br /> (a) Is, or will be, the subject of action <br /> by the governmental entity. <br /> (b) Is one to which the governmental <br /> entity is or will be a party. <br /> (c) Is one in which the governmental <br /> entity has a direct interest. A <br /> transaction involving the agency of a <br /> governmental entity shall have the same <br /> meaning with respect to the agency." <br />
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