| Request for an advisory opinion regarding whether the Code
of Governmental Ethics ("Code") permits Nelwyn McInnis to participate in discussions and
vote on matters involving the permit application submitted by Money Hill
Plantation ("Money Hill"). |
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Ms. Nelwyn McInnis is currently a member of the Planning and Zoning
Commission for the St. Tammany Parish Government. She is also a conservation biologist
who is retired from The Nature Conservancy after working 25 years in various
positions. The Nature Conservancy is a non-profit, international conservation
organization whose Louisiana chapter owns 5,000 acres in nature preserves in
St. Tammany Parish. The primary focus is the conservation of the ecologically-important
longleaf pine ecosystem and its numerous rare and endangered plant and animals species.
Ms. McInnis' last 15 years at the Nature Conservancy was
at the Northshore Field Office, located on the grounds of Money Hill, a Golf
and Country Club Estate Development in St. Tammany Parish. She has been
retired from The Nature Conservancy for 5 years; and, she and her husband own a
part-time conservation consulting business called Southern Wild Heritage LLC.
Ms. McInnis was hired by Money Hill for small projects two years ago to conduct a threatened
and endangered species survey on their planned Phase 9 subdivision project.
When the proposed Phase 9 subdivision project
came before the Planning and Zoning Commission, she abstained from discussing
and voting on the project due to her previous involvement with Money Hill.
Money Hill is now crafting a 25-year-long-range development plan. Upon learning
of this, Ms. McInnis asked Money Hill for the opportunity to assist in identifying the
most critical areas to conserve in their plan. Her work was done as a volunteer
at no charge due to her knowledge of the property and continued interest
in conservation in the region.
Money Hill will be coming before the Planning
and Zoning Commission in the near future to present their planned expansion
project. Ms. McInnis has not spoken to the applicant since submitting her recommendations,
nor seen a final plan for the project. She does not have any substantial economic interest
in the proposed expansion of Money Hill. Her only part of the expansion was/will be to recommend areas to conserve and that
is done voluntarily with no compensation. Her business, Southern
Wild Heritage LLC, does not have any interest in the proposed expansion.
The only role will be to continue
to encourage conservation in the most critical areas to avoid impact to
wetlands and rare species and habitats present. This will be done with no
compensation.
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La.
R.S. 42:1112A. 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. 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.
(2) Any person in which he has a substantial economic interest
of which he may reasonably be expected to know.
(3)
Any person of which he is an officer, director, trustee, partner, or employee.
(4) Any person with whom he is negotiating or has an arrangement
concerning prospective employment.
(5) Any person who is a party to an existing contract with such public
servant, or with any legal entity in which the public servant exercises control
or owns an interest in excess of twenty-five percent, or who owes any thing of
economic value to such public servant, or to any legal entity in which the
public servant exercises control or owns an interest in excess of twenty-five
percent, and who by reason thereof is in a position to affect directly the
economic interests of such public servant.
La.
R.S. 42:1120. If any elected official, in the discharge of a duty or
responsibility of his office or position, would be required to vote on a matter
which vote would be a violation of R.S. 42:1112, he shall recuse himself from
voting. An elected official who recuses himself from voting pursuant to
this Section shall not be prohibited from participating in discussion and debate
concerning the matter, provided that he makes the disclosure of his conflict or
potential conflict a part of the record of his agency prior to his
participation in the discussion or debate and prior to the vote that is the
subject of discussion or debate.
La. R.S. 42:1111C(2)(d) prohibits a public servant, their spouse, or a legal entity in which they own in excess of 25% or exercise control, from receiving compensation for services rendered to or for a person that has substantial economic interests that can be substantially affected by the performance of the public servant's official duties.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Mallory Guillot |
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