| Advisory Opinion request from St. Charles Parish Councilwoman Mary K. Clulee, concerning a potential lease with the Federal Emergency Management Agency ("FEMA") while she serves as a councilwoman for District II of the St. Charles Parish Council ("Council"). |
|
|
Councilwoman Clulee serves District II of the Council. She was originally elected in 2015 and was re-elected in 2019. She and her husband are the co-owners of 58% of a parcel of property, which may be needed for public use. She is seeking an opinion as to whether the Code prohibits her from leasing the property to FEMA for temporary housing needed as a result of Hurricane Ida. The lease, including any necessary rezoning, will be handled by FEMA in its entirety.
|
|
La. R.S. 42:1102(2)(a)(vi) For public servants of political subdivisions, "agency" is defined as the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(12) defines "Governmental Entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
LaToya D. Jordan |
|
|