| Advisory Opinion on behalf of D.E. Shaw Renewable Investment, LLC ("DESRI") as to whether certain members of the St. James Parish Planning and Zoning Commission (the "Commission") and the St. James Parish Council (the "Council") may participate in the approval of a permit. |
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DESRI is the owner and operator of the 20-Megawatt St. James, LLC Project. DESRI has contracted with Entergy Louisiana ("Entergy") to construct and operate an expansion facility, SJ Louisiana Solar (the "Expansion Facility").
In order to accomplish the Expansion Facility, DESRI and Entergy will need approval for a permit (the "Permit") from each of the St. James Parish Planning and Zoning Commission (the "Commission") and the St. James Parish Council (the "Council").
Lynette Poche, the mother of Brandon Gravois, a member of the Commission, owns 11.11% of Blackberry Farms, LLC and 5% of B&C Land, Inc. (collectively, the "Subject Companies. " The Subject Companies own 70% of the property that is the subject of the Permit. The Subject Company will receive the same compensation rate as other landowners.
DESRI believes that Todd Poche, a member of the Council, is a retiree of Entergy and continues to receive compensation and benefits from Entergy.
DESRI believes that Neal Poche, a member of the Council, is currently employed with GreenPoint AG, an entity that supplies agricultural chemicals to farmers who own land that is the subject of the permit. DESRI believes that a reduction in farmland as a result of the Expansion Facility would cause GreenPoint AG to suffer financial harm. To this end, DESRI believes that the Subject Companies currently purchase over $750,000 in products annually from GreenPoint AG.
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Rule 601 of the Rules for the Louisiana Board of Ethics states that the "board shall receive requests for advisory opinions filed with it by affected persons...[t]he board may decline to render an opinion with regard to any such request." [Emphasis added.] Rule 101 of the Rules for the Louisiana Board of Ethics defines "affected person" as any person or governmental agency, or the authorized representative of such person or agency with a demonstrable and objective interest in the board's interpretation, construction, and application of any law within the board's jurisdiction.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1112B(2) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person in which he has a substantial economic interest has a substantial economic interest.
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. 42:1113A states 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. 42:1120 provides an exception for an elected official to recuse themselves from voting on matters that violate section 1112 of the Code. The official may discuss and debate the matter, provided that he makes the disclosure of his conflict prior to his participation in such debate or discussion and prior to the vote.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
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, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c) the interest that a person has as a member of the general public.
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Decline to render an advisory opinion for lack of standing.
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| Assigned Attorney: |
Charles Reeves |
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