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Advisory Opinion Request from Hammond Downtown Development District ("DDD") regarding potential transactions with members of the DDD Design Review Committee (the "Committee"). |
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DDD is a political subdivision of the State of Louisiana created pursuant to La. R.S. 33:2740.15. The board of directors of DDD (the "DDD Board") appoints members of the DDD Design Review Committee (the "Committee"), which has the authority to enforce design guidelines within the boundaries of the DDD. The chairperson of the Committee is a member of the DDD Board, but the other Committee members are not DDD Board members. The Committee does not have authority to spend DDD funds.
Certain members of the Committee are interested in entering into contracts with or receiving compensation for services rendered to DDD.
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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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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