| Advisory Opinion Request from Adam Koenig, on behalf of the St. James Parish Council (the "Council") and Pete Dufresne, President of St. James Parish (the "Parish"), as to whether the Code of Governmental Ethics (the "Code") permits the Parish to purchase property from the Estate of Ellis and Lena W. Bourgeois (the "Estate"). |
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The Council is considering purchasing a 50' by 216' tract of land (the "Subject Land") which is currently owned by the Estate, in connection with the Magnolia Heights drainage project, which is currently underway. The Subject Land has an appraised value of $8,000.
Pete Dufresne is the current President of the "Parish. Mr. Dufresne is a beneficiary of the Estate, and has less than two percent (2%) of an interest in the Estate.
Each of the Council and Mr. Dufresne have represented that if the Parish does purchase the Subject Land, Mr. Dufresne would recuse himself from any actions with respect to such purchase.
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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. 42:1113A 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. 42:1117 states that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision 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(7) 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(8) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(14) 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) defines "public servant" to mean a public employee or elected official.
La. Civil Code Art. 872 provides that the estate of a deceased means the property, rights, and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property.
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Approve draft advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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