2023-614 - Laserfiche WebLink

You are one of the eight landowners who would be eligible to purchase the remnant property that was previously acquired by LCG for the Project. You ask whether you are prohibited from executing a purchase agreement with the Lafayette Mayor-President's Office to purchase the remnant property that is contiguous with your current property. You stated that you will remove yourself from your Clerk duties entirely, as they will be handled by another Council staff member. AGENCY&GOVERNMENTAL ENTITY La. R.S. 42:1102(2)(a)(vi) provides that the"agency" for public servants of political subdivisions shall mean the office, division, agency, or other organizational unit in which the public servant serves. Public servants of political subdivisions include employees of municipalities and parishes. As Clerk, your agency is the Lafayette City and Parish Council offices. La. R.S. 42:1102(12) defines"governmental entity"to mean the state or any political subdivision which employees the public employee. As such, your governmental entity is Lafayette Consolidated Government. ISSUE:PURCHASE AGREEMENT La. R.S.42:1113(A)(1)(a)provides that no public servant... 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. 42:1102(23)defines"transaction"to include any proceeding, application, submission, request for a ruling, or other determination, contract, claim, or other such particular matter which the public servant knows or should know: (a) is, or will be, the subject of action by the governmental entity; (b)is one to which the governmental entity is or will be a party; (c)is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency. Here, you would be required to enter into a purchase agreement with the Lafayette Mayor- President's office to purchase the remnant property. Your agency, the Lafayette City and Parish Council office,has no supervision orjurisdiction over the purchase agreement.As a result,you are not prohibited by La. R.S. 42:1113(B) from entering into such an agreement with the Lafayette City-Parish President's office to purchase the remnant property contiguous with your current property. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit you from entering into a purchase agreement with the Lafayette Mayor-President's office to purchase the remnant property. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Page 2 of 3 (BD 2023-614)