| Advisory Opinion on behalf of the New Orleans Municipal Yacht Harbor Management Corporation, regarding Board Member Roger Watkins receiving compensation from b1BANK. |
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The New Orleans Municipal Yacht Harbor Management Corporation ("Yacht Harbor") is a public benefit corporation formed in 1972 by the City of New Orleans to administer and operate the Municipal Yacht Harbor. The Yacht Harbor Board of Directors ("Yacht Harbor Board") consists of eleven members: nine members are appointed by the Mayor with City Council approval and the City Council appoints two ex-officio members from the City Council.
Roger Watkins is an appointed member of the Yacht Harbor Board member. Mr. Watkins is employed as the Vice President of the Commercial Division of b1BANK.
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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. 42:1115A(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. 39:1233.1 provides: Notwithstanding
any provision of Chapter 15 of Title 42 of the Revised Statutes of 1950 or any
other law to the contrary, any member of a local depositing authority,
including the chief executive officer thereof, may serve as an officer,
director, or employee, whether compensated or not, of any national or state
bank; provided that he shall recuse himself from voting in favor of any such
bank and shall disclose the reason for such recusal by filing same into the
minutes or record of the local depositing authority and by forwarding a
disclosure form to the Board of Ethics. The Board of Ethics shall
develop, in accordance with the Administrative Procedure Act, a disclosure form
to be utilized in complying with the provisions of this Section.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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