| Disqualification Plan for Michael Hare, Executive Director of Coastal Protection and Restoration Authority ("CPRA"), related to his former employer in which he retains an ownership interest. |
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Mr. Hare was appointed as Executive Director of Coastal Protection and Restoration Authority ("CPRA") in July 11, 2025. Such position includes the authority to negotiate and execute contracts on behalf of CPRA. Pursuant to La. R.S. 49:214.6.1(B)(7), the Executive Director has the power to delegate his duties as necessary.
Mr. Hare was formerly employed by Resource Environmental Solutions, LLC ("RES"). As part of his compensation with RES, he acquired a less than 1% interest in an affiliate of RES. RES's activities include permitting restored wetlands, and other services related to conservation and restoration. As part of providing such services, RES may seek to enter into transactions with CPRA.
Mr. Hare has submitted a disqualification plan to avoid any potential violation of La. R.S. 42:1112, whereby he would recuse himself from participating in any transaction or duties involving RES. Such functions would be delegated to the Deputy Director of CPRA, J. Clay Parker.
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No. 2021-344 - The Board approved a similar DQ plan for the Commissioner of the Office of Financial Institutions.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
La. R.S. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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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Approve disqualification plan.
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| Assigned Attorney: |
David Bordelon |
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