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Last modified
4/1/2024 8:38:16 AM
Creation date
2/23/2022 11:20:41 AM
Metadata
2022-014B
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-014B
Requesting Party
R. Gray Sexton
Decision Date
2/4/2022
Law
R.S. 42:1111C(2)(d)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would prohibit appointed members of the Capital Area Groundwater Conservation District Board of Commissioners from receiving compensation for services rendered, or to be rendered, to Entergy, Exxon Mobil, and Georgia-Pacific, or any similar industrial user, since they operate groundwater wells which are under the jurisdiction of the Capital Area Groundwater Conservation District.
Ethics Subject Matters
Prohibited Transactions
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STATE OF LOUISIANA <br /> �oF Lopes, DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> °O+•° e (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> February 8, 2022 <br /> R. Gray Sexton <br /> Law Offices of R. Gray Sexton <br /> 8680 Bluebonnet Boulevard, Suite D <br /> Baton Rouge, Louisiana 70810 <br /> Re: Docket No. 2022-014B <br /> Advisory Opinion <br /> Dear Mr. Sexton, <br /> The Louisiana Board of Ethics, at its meeting on February 4, 2022, considered your request for an <br /> advisory opinion on behalf of Entergy Louisiana, LLC, Exxon Mobil Corporation, and Georgia- <br /> Pacific Port Hudson LLC as to the prohibitions imposed by the Code of Governmental Ethics <br /> ("Code") on employees who may be appointed as members of the Capital Area Groundwater <br /> Conservation District Board of Commissioners in the future. <br /> FACTS PROVIDED <br /> The Capital Area Groundwater Conservation District ("District") was created by the Louisiana <br /> Legislature through Act No. 678 of 1974 to provide for the efficient administration, conservation, <br /> orderly development, and supplementation of groundwater resources by the establishment of a <br /> groundwater conservation district composed of the parishes of Ascension, East Baton Rouge, East <br /> Feliciana, Pointe Coupee, West Baton Rouge, and West Feliciana. La. R.S. 38:3071. The District <br /> is governed by a Board of Commissioners ("District Board") that administers the affairs of the <br /> District. La. R.S. 38:3072B. The District Board has the authority to do all things necessary to <br /> prevent waste of groundwater resources, and to prevent or alleviate damaging or potentially <br /> damaging subsidence of the land surface caused by withdrawal of groundwater within the District, <br /> to assess pumping charges against each user of groundwater within the District. La.R.S. 38:3076A. <br /> The District Board accomplishes this task by holding hearings,requiring permits and registrations, <br /> establishing standards for construction and use of wells,assessing pumping charges,and enforcing <br /> reasonable rules and regulations. See La. R.S. 38:3076 and La. Admin. Code Title 56 §V-101 - <br /> 1113. Pursuant to La. R.S. 38:3074, District Board members are appointed by the governor and <br /> confirmed by the Senate, in pertinent part as follows: <br /> (2) Three members shall be appointed from nominations by the industrial users in <br /> the District. <br /> Page 1 of 5 (BD 2022-014B) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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