| Advisory Opinion request regarding Reginald McMasters serving as a member of the Washington Parish Council and the Board of Directors for the Rural Franklinton Water Corporation. |
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Reginald McMasters has served as an elected member of the Washington Parish Council since 2016. He was recently re-elected and will begin a new term, which will end on January 10, 2028.
Mr. McMasters also serves as a member of the Board of Directors for the Rural Franklinton Water Corporation ("Water Corp."). While Mr. McMasters has no ownership interest in the Water Corp., he does receive compensation for his services on the Water Corp.'s Board of Directors.
Water Corp. would like to apply for and receive funding from the Washington Parish Government. Irma Bickham stated that Mr. McMasters will not be the person requesting funding on behalf of the Water Corp., as Lenward Thompson has been designated to handle all necessary paperwork. She further stated that Mr. McMasters will not participate in the approval of the funding.
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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. 42:1112(B)(3): 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:
Any person of which he is an officer, director, trustee, partner, or employee.
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. 42:1111(C)(2)(d): 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 neither performed for nor compensated by any person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1102(16) defines "person" as an individual or legal entity, other than a governmental entity or an agency thereof.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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