| Advisory opinion regarding whether the Code of Governmental Ethics prohibits a member of the City of Kenner Planning and Zoning Commission from submitting an application for a variance by the City of Kenner Planning and Zoning Commission. |
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Eric Rotts is a member of the City of Kenner Planning and Zoning Commission. On June 8, 2025, Mr. Rotts filed a request with the Department of Planning with the City of Kenner requesting a variance for a fence to be placed on his three property lines. The variance involves commercial property. This will provide extra space within the yard for trucks to pull inside and turn around; and, alleviate trucks and trailers blocking one of the main roadways in the area. Mr. Rotts is also requesting a variance to install a 6ft metal fence to enclose the yard. Finally, he is requesting a variance for no landscaping since the property is located in an industrial warehouse area and 95% of the businesses by this address do not have landscaping.
On July 23, 2025, Mr. Rotts filed a disclosure statement pursuant to La. R.S. 42:1123(34). The meeting to consider his application was scheduled for July 2, 2025. Mr. Rotts requested his matter be deferred since the disclosure statement was required to be filed at least ten (10) days prior to the meeting at which his application was considered. The meeting is currently scheduled for August 6, 2025.
Mr. Rotts stated that he will recuse himself and not participate in the discussion or debate of his application. Mr. Rotts states his request falls under the exception in La. R.S. 42:1123(34).
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La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding or entering into or having a substantial economic interest in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1123(34) provides that a member of a municipal or parish governing authority, an appointed member of a planning or zoning or appeals board or commission of a parish or municipality, or a member of such public servant's immediate family or a legal entity in which any such person has an interest from making application for the approval of the subdivision or resubdivision of property and for the zoning of such property or for a building permit and any inspections performed pursuant thereto, provided that all of the following:
(a) the zoning of such subdivided property shall not be less restrictive than the zoning of the original parcel.
(b) the subdivision, resubdivision, or zoning of such property shall be for residential purposes only.
(c) The application or applications submitted by or on behalf of the elected official, a member of his immediate family, or legal entity in which he has a controlling interest, collectively, shall be limited to the subdivision, resubdivision, or zoning of not more than twelve lots per calender year and the construction of not more than twelve residential units per calendar year.
(d) No public funds shall be used to construct any infrastructure for the use or benefit of such property or development.
(e) The public servant shall file written notice containing all details regarding the transaction deemed necessary by the Board of Ethics with his governing authority or board or commission and with the Board of Ethics no later than ten days prior to any hearing pertaining to any such application, or if no hearing is held pertaining to such application, shall file such notice at least ten days prior to final action on any such application.
(f) The public servant shall recuse himself from any vote related to such application and shall not participate in any other aspect of the application or transaction.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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