| Advisory Opinion Request of Edward M. Leonard, Jr., o/b/o Charlie Solar Jr, Chief Administrative Officer for Morgan City, regarding his service on the Board of the Consolidated Gravity Drainage District 2A of St. Mary Parish. |
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The new St. Mary Parish Consolidated Drainage Board No. 2A ("Drainage District 2A") was created on April 22, 2020. Charlie Solar Jr. was appointed by the St. Mary Parish Council as a Board Member for Drainage District 2A on May 27, 2020. On January 11, 2021, Morgan City Mayor Lee Dragna nominated Mr. Solar to be the city's Chief Administrative Officer. The nomination was then approved by the City Council for Morgan City.
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La. R.S. 42:1113B: No appointed member of any board or commission, shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1102(2)(a) defines "agency" to mean
a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For purposes of this Chapter, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i) … in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission; (vi) for public servants of political subdivisions, it shall mean the agency in which the public servant serves.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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