| Advisory opinion request, submitted by Stewart Eastman, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him from submitting his work of art to the Abita Springs Trailhead Museum ("Museum") independent selection committee to be juried and potentially sold at the En Plein Air exhibition. |
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Mr. Eastman is a member of the Museum's Board of Directors. The Museum is owned and operated by the Town of Abita Springs. However, the Museum is mainly run independently by the Board of Directors and has no paid employees.
Every year the Abita Springs Trailhead Museum holds an art exhibit, called En Plein Air ("Exhibit"), with the next one scheduled for the Spring. The Exhibit features local artists or artists from the surrounding areas, who paint various landscapes, townscapes, etc. Artists apply to have their work included in the Exhibit. Their work is juried by a selection committee that is separate from the Museum Board of Directors. The Directors do not know who will be selected or have any authority to select an artist's work to be displayed.
The works of art that are chosen for exhibition will be available for purchase by the public during the duration of the exhibition. The sale proceeds go to the artists with a commission going to the Museum. Mr. Eastman is an artist who would like to submit his work of art to be juried and potentially sold at the Spring Exhibit.
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La. R.S. 42:1102(23) defines a "Transaction involving the governmental entity" as any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
La. R.S. 42:1113(B) prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being 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.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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