| Advisory opinion request concerning Senator Michael Fesi selling property to the Terrebonne Parish Consolidated Government when the parish will use federal funds administered by the Louisiana Office of Community Development. |
|
Senator Fesi purchased property in 2008. The Terrebonne Parish Consolidated Government (TPCG) is interested in purchasing the property. TPCG will purchase the property with Community Development Block Grant - Disaster Recovery Funds administered by the Louisiana Office of Community Development (OCD) under the Hometown Revitalization Program and the Resilient Communities Infrastructure Program. These two programs are in response Hurricanes Laura/Delta/Ida and May 2021 Severe Storms. Tropical Storm Ida was declared a state of emergency by Governor Edwards through Proclamation 165 JBE 2021; Hurricane Delta was declared a state of emergency by Governor Edwards through Proclamation 133 JBE 2020; Tropical Storm Laura was declared a state of emergency by Governor Edwards through Proclamation 108 JBE 2020; and, Heavy Rain, Severe Storms; and, Flash Flooding was declared a state of emergency by Governor Edwards through Proclamation 89 JBE 2021.
Based on information provided by the TPCG, Senator Fesi will not have a contract with or be a party to a contract with OCD regarding the sale of the property or TPCG's receipt of funding for the purchase. OCD and TPCG have a cooperative endeavor agreement whereby the parish will receive approximately $42 million. TPCG will submit an to OCD with a list of project in furtherance of these. One of the projects will be the purchase of the post office owned by Senator Fesi. If the project is funded by OCD, TPCG will enter into a contract with Senator Fesi to purchase the property. At this time, there is no written agreement between TPCG and Senator Fesi; and, OCD will not be a party to the sale of the property by Senator Fesi to the TPCG.
|
|
R.S. 42:1113D prohibits a legislator from entering into a contract with state government.
R.S. 42:1114.3 prohibits a legislator from entering into a contract to which all of the following apply:
1) The contract is directed to addressing needs directly emanating from a gubernatorially declared disaster or emergency.
2) The person knows or reasonably should know that the contract or subcontract is funded or reimbursed in whole or in part with federal funds distributed, paid, or allocated to or by the state or a state department, agency, or official.
There are several exceptions to this prohibition:
1) construction-related contracts entered into with entities more than 2 years following the initial declaration of disaster or emergency, provided that the entity is not the governmental entity of a person covered by this Section. R.S. 42:1114.3A(3)
2) the sale of property pursuant to the expropriation of immovable property by any branch, agency, department, or institution of state government. R.S. 42:1114.3A(4)(a)(viii).
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Kathleen Allen |
|
|