| Advisory Opinion request regarding members of the Church Point Housing Authority Board of Commissioners also serving as elected members of the Board of Aldermen for the Town of Church Point (Pop. 4,179) in Acadia Parish. |
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The Church Point Housing Authority was created as a political subdivision of the State of Louisiana pursuant to La. R.S. 40:391, et seq., and is governed by a five-member Board of Commissioners ("Housing Authority Board'). The Mayor of the Town of Church Point appoints the members of the Housing Authority Board.
Joy Daigle and Dale Wimberly are appointed members of the Housing Authority Board. In 2022, Joy Daigle and Dale Wimberly were elected as members of the Board of Aldermen for the Town of Church Point.
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La. R.S. 42:1113(A)(1)(a): No public servant, excluding any legislator and any appointed member of any board or 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.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves, except that for members of any governing authority is shall mean the governmental entity.
La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(23) defines "transaction" to mean 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; or, (c) is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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