| Advisory Opinion request from Eric Duplantis on behalf of the West St. Mary Parish Port, Harbor, and Terminal District, regarding its depositing of funds into an account with First National Bank of Jeanerette. |
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The Port District (La. R.S. 34:334.31, et seq.) was created in 1974 by the Louisiana Legislature as a political subdivision of the State of Louisiana to develop and operate a port and related facilities serving the western portion of St. Mary Parish. The Port District is governed by a nine-member Board of Commissioners ("Port District Board") composed of individuals residing within the territorial limits of the Port District who serve without compensation.
Wilson Terry was appointed as a member of the Port District Board in 2013, and has served continuously to date. Mr. Terry owns less than 1% stock in First National Bank of Jeanerette. Mr. Terry is not an officer, director, trustee, partner, or employee of First National Bank of Jeanerette. Mr. Terry does not provide any services to First National Bank of Jeanerette.
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La. R.S. 42:1113B: No appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into ... any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
La. R.S. 42:1102(23) defines "transaction "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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