| Advisory opinion request from Rep. Michael Melerine, State Representative, 6th District, relating to service on a non-profit board. |
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Approximately 3 years ago, Mr. Melerine was appointed to the Board of Directors of the Independence Bowl Foundation, Inc., a Louisiana non-profit corporation (the "Foundation"). Approximately 2 years ago, he became a member of the Foundation's executive committee. Mr. Melerine was elected to the office of State Representative, 6th Representative District, in the October 14, 2023 election.
The Foundation receives money from various state and local public sources, and the legislature has passed laws allowing proposals for local taxes, the proceeds of which would benefit the Foundation. The stated purpose of the Foundation is to attract and provide quality, nationally recognized football competition oriented to the Ark-La-Tex region.
Rep. Melerine receives no compensation for his services as a director or officer of the Foundation.
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La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1113C states no legislator, member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction involving the legislator's agency.
La. R.S. 42:1123(1) provides an exception for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received.
La. R.S. 42:1102(2)(a)(iv) defines "agency" in the case of legislators to mean the legislative branch.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(14) defines "legislator" to mean any person holding office in the Senate or the House of Representatives of the Louisiana Legislature which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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