| Advisory Opinion request regarding whether any Board member of the Louisiana Shrimp Association would violate the Code if the Louisiana Shrimp Association were to
accept funds from the Louisiana Shrimp Task Force Marketing Fund pursuant to
H.B.1. of the Regular Legislative Session of 2022. |
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The Louisiana Shrimp Association ("LSA")
is a 501(c)(6) membership-based nonprofit organization that exists to promote
its members' business interests without the goal of making a profit. LSA
represents commercial fish harvesters and other industry stakeholders
throughout the state of Louisiana.
Acy J. Cooper is the President of LSA. Marla Cooper is the wife of Acy J. Cooper. Marla Cooper sits on the Board of Directors
of LSA and serves as the Secretary of LSA.
Both Marla Cooper and Acy J.
Cooper receive a monthly salary from LSA for their job performances, however,
neither of them hold 25% or more ownership in LSA.
Rodney Olander also sits as a non-paid
board member of LSA.
Both Acy J. Cooper and Rodney Olander are
appointed members of the Governor's Louisiana Shrimp Task Force ("STF"). The Louisiana Legislature dedicated funding in the amount of $50,000.00
to LSA in Act 199 of the 2022 Regular Legislative Session of 2022. These funds were
designated to be funded out of the Louisiana Shrimp Task Force Marketing Fund.
This grant money would be used for the day-to-day
operations of Louisiana Shrimp Association, which includes office supplies and
maintaining the office, travel expenses, marketing materials and marketing
advertising. The Board of Directors travel to meetings with state officials,
legislative officials and also to Washington DC to meet with Federal
Representatives on issues affecting the Louisiana Seafood Industry so some of
this funding would be used for those expenses as well. No member on any board
such as the Louisiana Shrimp Task Force or the Louisiana Shrimp Association
Board would receive any compensation or increase in salary due to the
acceptance of this grant.
Marla Cooper asks whether Acy J. Cooper, Rodney
Olander, or any other LSA board member would violate the Code if LSA were to accept
the Legislative "grant" from the Louisiana Shrimp Task Force Marketing Fund.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal
entity in which the public servant exercises control or owns an interest in
excess of twenty-five percent, shall receive any thing of economic value for or
in consideration of services rendered, or to be rendered, to or for any person
during his public service unless such services are: (d) Neither performed
for nor compensated by any person from whom such public servant would be
prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115(A)(1) provides that no public servant shall solicit
or accept, directly or indirectly, any thing of economic value as a gift or
gratuity from any person or from any officer, director, agent, or employee of
such person, if such public servant knows or reasonably should know that such
person: (1) Has or is seeking to obtain contractual or other business or
financial relationships with the public servant's agency.
La. R.S 42:1112A provides that no public servant, except as provided in R.S. 42:1120, shall
participate in a transaction in which he has a personal substantial economic
interest of which he may be reasonably expected to know involving the
governmental entity.
La. R.S. 42:1112B(1) provides that no public servant, except
as provided in R.S. 42:1120, shall participate in a transaction involving the
governmental entity in which, to his actual knowledge, any of the following
persons has a substantial economic interest: (1) Any member of his immediate family.
La. R.S. 42:1112B(3) provides that no public servant, except as
provided in R.S. 42:1120, shall participate in a transaction involving the
governmental entity in which, to his actual knowledge, any of the following
persons has a substantial economic interest: (3) Any person of which he is an officer, director,
trustee, partner, or employee.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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