| Purchasing Plan submitted by the Town of Arcadia (population <5,000) for Joseph Pruitt, a member of the town council, to lease office space from the town, pursuant to La. R.S. 42:1123(22). |
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The Town of Arcadia owns an outlet store mall facility (the "Mall"). The Mall currently has multiple vacancies (estimated 15% occupancy). Leases for the facility are handled by the Mayor's office and the town attorney. Joseph Pruitt, Jr. is a member of the Arcadia Town Council, but also works as a barber in his private capacity. Mr. Pruitt would like to enter into a lease for a space in the Mall. The Town of Arcadia has a population less than 5,000 people, according to the last decennial census.
The Town has submitted a purchasing plan and a proposed lease, whereby Mr. Pruitt would recuse himself from any involvement in the oversight or review of any matter involving the Mall. The oversight of the Mall would be reviewed by the Mayor and the Town Attorney. The plan sets forth dates for the affidavits required under Section 1123(22) to be filed.
The terms of the lease are identical in form and language to those of the other tenants in the Mall.
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La. R.S. 42:1113(A)(1)(a) states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest 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. 42:1123(22) provides that any mayor or member of a governing authority of a municipality with a population of five thousand or less, or legal entity in which he has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality provided that the transactions are under the supervision or jurisdiction of the municipality and the municipality submits a plan to the Board of Ethics for approval in accordance with this Section.
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Approve the Purchasing Plan.
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| Assigned Attorney: |
Charles Reeves |
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