| Advisory Opinion Request from Dannie Garrett, III, on behalf of the Plaquemines Parish Council (the "Council"), as to whether a member of the Council may receive compensation from a company seeking to contract with the Plaquemines Port, Harbor and Terminal District ("the District") and whether his employer may contract with the District. |
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Brian Champagne was elected to the office of Council Member, District 2, Plaquemines Parish, in the November 8, 2022 election, and still serves in that role. Mr. Champagne is also employed by Deep South Construction & Salvage, LLC, a Louisiana limited liability company ("Deep South"). Mr. Champagne is a salaried employee of Deep South, and owns no interest in Deep South.
The Council serves, by law, as the governing authority of the District.
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La. R.S. 42:1111C(2)(d) states that 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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1113A states that no public servant, or a member of such a public servant's immediate family, or a 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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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(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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