| Advisory Opinion request regarding
whether the West Baton Rouge Parish Government can accept the donation of a right-of-use servitude from a company owned equally by the Parish President and his two sons. |
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Riley C. Berthelot, Jr. is the current West Baton Rouge Parish
President. He and his two sons, Toby C. Berthelot and Todd J. Berthelot,
are the registered owners of Triple B Ranch, LLC, each owning a 33 1/3%
interest in the company. President Berthelot did not seek re-election
this Fall, and his term will end when the newly elected Parish President
takes office at noon on Monday, January 8, 2024.
West
Baton Rouge Parish needs to construct a new public road approximately
8500 feet long connecting Choctaw to Wyatt Christopher Lane, parallel to
the Texas & Pacific Railroad. The road will traverse thirteen
tracts of land with various property owners, including a 2-acre tract
owned by Triple B Ranch, LLC. Triple B Ranch, LLC is willing to donate a
right-of-use servitude across its property to the West Baton Rouge
Parish Government to construct the proposed road.
Ordinarily, President Berthelot's duties include executing servitude
agreements on behalf of the West Baton Rouge Parish Government. However,
the West Baton Rouge Parish Council, pursuant to a duly adopted
Resolution, will delegate West Baton Rouge Parish Chief Administrative
Officer Jason Manola the sole authority to execute the right-of-use
servitude agreement on behalf of the Parish by accepting the donation of
the right-of-use servitude from Triple B Ranch, LLC. Furthermore,
President Berthelot will refrain from any actions on behalf of the
Parish and on behalf of Triple B Ranch, LLC with regard to the donation
of the right-of-use servitude agreement.
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La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of 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. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
La. R.S. 42:1102(20.1) defines "service" to mean the performance of work, duties, responsibilities, or the leasing, rental, or sale of movable or immovable property.
La. R.S. 42:1112A states that 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. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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