| Advisory Opinion Request from Brad Cradeur, Executive Director, Sewerage Dist. No. 1, Iberia Parish, regarding whether a trailer park owned by the chairperson of the board of the Sewerage District No. 1 of Iberia Parish may dedicate a sewer treatment plant to the district, and whether the chairperson could participate in such transaction in his capacity as a board member. |
|
Sewerage District No. 1 of Iberia Parish (the "District") is a political subdivision created by ordinance of Iberia Parish Council (the "Council") pursuant to La. R.S. 33:3881, et seq. The District is governed by a five-member Board of Supervisors (the "Board"). Members of the Board are appointed by the Council. The purpose of the District is to establish, acquire, construct, maintain and operate a sewerage system, which may include facilities, equipment and installations as necessary.
The District's policies may require connection to the public sewer system if property is within 300 feet of a serviceable public sewer. The District has historically accepted dedications and assumed responsibility for approximately 10 trailer park stand-alone wastewater facilities that are not connected or within 300 feet of a public sewer. The operation and ownership of these systems by the District is not mandated by law or policy.
The chairperson of the Board is a 50% owner of a trailer park (the "Park"); the other 50% is owned by his father. The Park has a self-contained sewerage treatment plant to treat the sewerage of the Park. The chairperson and his father would like to transfer and dedicate the sewer system and plant to the District for operation, maintenance and collection of user fees.
|
|
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.
La. R.S. 42:1112B(2) states that no public servant shall participate in a transaction involving the governmental entity in which a person in which he has a substantial economic interest of which he may be reasonably expected to know has a substantial economic interest.
La. R.S. 42:1113B 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.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|