| Advisory opinion request from Joseph Buckley, as to whether his company can lease warehouse space from the New Orleans Aviation Board ("NOAB"), while his wife is employed as an Airport Services Agent in the Legal Department of NOAB. Jefferson Parish has a population of 440,781. |
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Joseph Buckley and his wife, Diane Buckley, are owners of Buckley Builds Construction, LLC, and serve as Chief Operating Manager and Chief Executive Manager, respectively. Diane Buckley is employed as a paralegal in the Legal Department of New Orleans Aviation Board ("NOAB").
Buckley Builds Construction would like to lease warehouse space from NOAB at fair market value.
NOAB's Business Development Division is responsible for managing rental property, however, NOAB's Legal Department is responsible for drafting the lease, getting the lease approved, and enforcing contract issues.
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La. R.S. 42:1113A(1)(a) prohibits a public servant, or member of such public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or entering 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(2)(a)(vi) defines "agency of the public servant" for public servants of political subdivisions to mean, the agency in which the public servant serves.
La. R.S. 42:1123(20) provides an exception to the Code of Governmental Ethics for an airport authority member or employee in an airport in any parish having a population of less than two hundred twenty-five thousand persons, according to the most recent census, or an airport authority member or employee in an airport in any parish having a population of two hundred twenty-five thousand persons or more according to the most recent census if the airport over which such an airport authority has jurisdiction does not have scheduled air service, from using any of the services available at the airport over which he exercises jurisdiction or by which he is employed; provided the services are available to the member or employee subject to the same terms, conditions, and availability as to any other member of the public, whether such services are obtained directly from the airport or from a fixed-based operator.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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