Meetings
 
Agenda Item
Docket No. 21-975
 
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RE:
Advisory opinion regarding whether the Code of Governmental Ethics would require New Iberia Mayor Pro Tem Ricky Gonsoulin to recuse himself from discussing and voting on the annexation of an 11-acre tract of land which is currently leased to his family business, Gonsoulin Farms.
Facts:
1. Ricky Gonsoulin is the New Iberia City Councilman elected at large, and he serves as Mayor Pro Tem. He is a voting member of the City Council.

2. Mr. Gonsoulin or members of his immediate family own not less than 45% of Gonsoulin Farms LLC.

3. Gonsoulin Farms LLC has a sugar cane lease on a tract of land of approximately 11 acres. The 11-acre tract is located in Iberia Parish and is currently outside of the corporate limits of the City of New Iberia.

4. The owners of the 11-acre tract have asked the City to annex the property.

5. The owners of the 11-acre tract have entered into a contract to sell the 11-acre tract for commercial development; and, the City has been told that the sale of the property is contingent on annexation.

6. The prospective purchaser has asked the City to make certain infrastructure improvements to facilitate the development.

7. Annexation of the 11-acre tract and installation of infrastructure by the City will require action by the City and a vote by the City Council.

8. Annexation will not terminate the sugar cane lease. However, if the property is sold, the prospective purchaser will have the option to terminate the lease.

9. The landowner's sugar cane lease with Gonsoulin Farms LLC provides that if the lease is terminated, Gonsoulin Farms LLC is to be paid the value of sugar cane roots stubble and other investment in the property.

10. Annexation itself will not result in a zoning change that will terminate farm use. The prospective purchaser has asked that the property be annexed with Zoning Classification C-4. While sugar cane farming is not a permitted use under Zoning Classification C-4, the City's Zoning Ordinance would allow the farm use to continue as a nonconforming use.

11. Action by the City and the votes of the City Council would not directly terminate the sugar cane lease to Gonsoulin Farms LLC or prohibit its farming activities; however, the parties who would have the right to terminate the lease have requested annexation and installation of infrastructure which will require action by the City and City Council.

12. If the anticipated closing occurs, the likely result will be that the buyer and/or the seller will terminate the Gonsoulin Farms LLC sugar cane lease.

Law:
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.

La. R.S. 42:1112B(1) provides no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.

La. R.S. 42:1120 provides that any elected official, who is required to vote on a matter in violation of Section 1112 of the Code, must recuse himself from voting. The elected official is not prohibited from participating in discussion and debate concerning the matter provided he discloses on the record the nature of the conflict prior to his participation in the discussion.

La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c) the interest that a person has as a member of the general public.

Recommendations:
Adopt draft advisory opinion.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2021-975 - Advisory Opinion Request John Jeffrey Simon
2021-975 Draft - Final Draft (2)