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2023-995
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Last modified
3/6/2024 10:29:05 AM
Creation date
1/10/2024 1:03:44 PM
Metadata
2023-995
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-995
Requesting Party
Irma Bickham
Parties Involved
Rural Franklinton Water Corporation
Reginald McMasters
Agency at Issue
Washington Parish
Decision Date
1/5/2024
Law
La. R.S. 42:1113A(1)(a)
La. R.S. 42:1112B(3)
La. R.S. 42:1120
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1117
Caption
The Code of Governmental Ethics does not prohibit the Rural Franklinton Water Corporation from applying for and receiving funding from Washington Parish, while Reginald McMasters, a Board of Directors member, serves as an elected member of the Washington Parish Council, but the Code requires Mr. McMasters to recuse himself from voting on any matter before the Parish Council involving the Water Corp., and the Code prohibits Mr. McMaters from receiving compensation from the Water Corp. once it applies to receive funding from the Parish.
Ethics Subject Matters
Prohibited Transactions
Participation
Recusal
Prohibited Sources
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governmental entity. La. R.S. 42:1102(11) defines "governing authority" to mean the body which <br /> exercises the legislative functions of a political subdivision; and, La. R.S. 42:1102(12) defines <br /> "governmental entity" as the political subdivision to which the elected official was elected. As an <br /> elected member of the Washington Parish Council, Reginald McMasters's agency is Washington <br /> Parish pursuant to La. R.S. 42:1102(2)(a)(vi). <br /> ISSUE NO. 1: FUNDING APPLICATION <br /> You ask whether the Code prohibits the Water Corp. from applying for and receiving funding from <br /> Washington Parish, while Mr. McMasters serves as both a member of the Board of Directors and <br /> an elected member of the Washington Parish Council. <br /> La. R.S. 42:1113(A)(1)(a): No public servant, excluding any legislator and any appointed member <br /> of any board or commission and any member of a governing authority of a parish with a population <br /> of ten thousand or less, or member of such a public servant's immediate family, or legal entity in <br /> which he has a controlling interest shall bid on or enter into any contract, subcontract, or other <br /> transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> La. R.S. 42:1102 provides the following definitions: <br /> (8) "Controlling interest" means any ownership in any legal entity or beneficial <br /> interest in a trust, held by or on behalf of an individual or a member of his <br /> immediate family, either individually or collectively, which exceeds twenty-five <br /> percent of that legal entity. <br /> (23) "Transaction involving the governmental entity" means any proceeding, <br /> application,submission,request for a ruling or other determination,contract,claim, <br /> case, or other such particular matter which the public servant or former public <br /> servant of the governmental entity in question knows or should know: (a)Is, or will <br /> be, the subject of action by the governmental entity; (b) Is one to which the <br /> governmental entity is or will be a party; (c)Is one in which the governmental entity <br /> has a direct interest. A transaction involving the agency of a governmental entity <br /> shall have the same meaning with respect to the agency. <br /> Since Reginald McMasters has no ownership interest in the Water Corp, the Water Corp is not <br /> prohibited by La. R.S. 42:1113(A)(1)(a) from entering into a contract, subcontract, or other <br /> transaction under the supervision or jurisdiction of Washington Parish, provided that Reginald <br /> McMasters is not the person who signs any documents on behalf of the Water Corp. <br /> 6 <br /> ISSUE N0.2: PARTICIPATION <br /> La. R.S. 42:1112(B)(3): No public servant,except as provided in R.S. 42:1120, shall participate in <br /> a transaction involving the govermnental entity in which, to his actual knowledge, any of the <br /> following persons has a substantial economic interest: Any person of which he is an officer, <br /> director,trustee,partner, or employee. <br /> Page 2 of 4(BD 2023-995) <br />
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