| Advisory opinion request regarding whether the Code of Governmental Ethics (the "Code") prohibits a member of the Berwick Town Council from purchasing immovable property owned by the Berwick Development District. |
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The Town of Berwick ("Town") operates under a home rule charter consisting of an elected mayor and a five-member elected council. Kevin Paul Hebert is an elected member of the Town Council and is currently serving his second term.
In 1995, the Berwick Development District ("BDD") was created by La. R.S. 33:2740.31 as a political subdivision of the State of Louisiana that encompasses all of the territory located within the Town. The BDD is governed by a board of commissioners consisting of five members who are appointed by the Mayor and approved by the Town Council. The BDD is lawfully authorized to acquire and sell immovable property. The BDD owns a vacant parcel of land located within the Town on the corner of Shadowlawn Drive and Cloverdale Drive in the Renwick Subdivision. This parcel of land has limited use for the BDD to own because its measurements are insufficient to be an independent lot of record.
Councilman Hebert's home at 502 Shadowlawn Drive is adjacent to this parcel of land. He has resided there for 24 years. Councilman Hebert is the only adjacent property owner who could utilize this parcel of land. He would like to purchase it from the BDD at a price based on fair market value.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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