2022-014B - Laserfiche WebLink

ENTERGY LOUISIANA, LLC Entergy Louisiana, LLC ("Entergy") has drilled wells in several aquifers under the jurisdiction of the District and uses the groundwater to operate its plants to provide electric and natural gas services to customers across the District. Entergy pays a pumping charge to the District quarterly based on the volume of water used at its facilities. As such, Entergy is a regulated industrial user of groundwater within the District who has the authority to nominate individuals as members of the District Board. EXXON MOBIL CORPORATION Exxon Mobil Corporation ("Exxon Mobil") consists of a refinery and chemical plant in Baton Rouge. Exxon Mobil has drilled wells in several aquifers under the jurisdiction of the District and uses the groundwater to produce steam that heats up and cools down machinery at its facilities. Exxon Mobil also uses groundwater to provide its employees with drinking water. Exxon Mobil pays a pumping charge to the District quarterly based on the volume of water used at its facilities. As such Exxon Mobil is a regulated industrial user of groundwater within the District who has the authority to nominate individuals as members of the District Board. GEORGIA-PACIFIC PORT HUDSON LLC Georgia-Pacific Port Hudson LLC ("Georgia-Pacific") operates a consumer products facility at Port Hudson in Zachary. Georgia-Pacific uses groundwater to operate its Port Hudson facility and to provide employees with drinking water. Georgia-Pacific pays a pumping charge to the District quarterly based on the volume of water used at the Port Hudson facility.As such, Georgia-Pacific is a regulated industrial user of groundwater within the District who has the authority to nominate individuals as members of the District Board. ISSUE Whether the Code prohibits appointed members of the District Board from receiving compensation for services rendered to Entergy, Exxon Mobil, and Georgia-Pacific? LAW It is essential to the proper operation of democratic government that public servants be independent and impartial. This is impaired when a conflict exists between the private interests of a public servant and his duties as such. La. R.S. 42:1101. In In re Ark-La-Tex Antique and Classic Vehicles, Inc.,05-1931 (La.App. 1 Cir.9/15/06),943 So.2d 1169,the First Circuit Court of Appeal provided: "Among the multiple policy objectives of the Code are impartiality, fairness and equality of treatment toward those dealing with government; assurance that decisions of public importance will not be influenced by private considerations; maintenance of public confidence in government; and prevention of use of public office for private gain. ... The primary objective of the Code is to prevent public officers and employees from becoming involved in conflicts of interests.A conflict of interest is a situation which would require an official to serve two masters, Page 2 of 5 (BD 2022-014B)