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Last modified
7/12/2021 10:25:16 AM
Creation date
5/1/2018 1:19:26 PM
Metadata
2018-188
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-188
Requesting Party
Laverne Mixon
Decision Date
4/20/2018
Caption
Advisory opinion that an Alderwoman of the Town of Chatham and her husband would be prohibited by La. R.S. 42:1113A of the Code of Governmental Ethics from entering an agreement to lease property they own with the Town of Chatham while the Alderwoman serves on the Board for the Town.
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STATE OF LOUISIANA <br /> ...OF <br /> "��..LOUfs.�... 9DEPARTMENT OF STATE CIVIL SERVICE <br /> �, „ LOUISIANA BOARD OF ETHICS <br /> �� P.O. BOX 4368 <br /> _ BATON ROUGE,LA 70821 <br /> °h,I- .° (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 24, 2018 <br /> Laverne Mixon <br /> Alderwoman,Town of Chatham <br /> Post Office Box 7 <br /> Chatham,Louisiana 71226 <br /> Re: Ethics Board Docket No.2018-188 <br /> Dear Mrs.Mixon: <br /> The Louisiana Board of Ethics, at its April 20, 2018 meeting, considered your request for an advisory <br /> opinion regarding whether your husband,James Mixon,may lease property wholly-owned by both of you <br /> to the Town of Chatham. You were elected to serve as an Alderwoman for the Town of Chatham with <br /> your term commencing on January 1, 2017 and ending December 31, 2020. The property was originally <br /> leased for five years to the Town in March of 2008 at one hundred-fifty dollars ($150) per year. It was <br /> renewed for another five year term at the same rate beginning in March of 2013 and ending on February <br /> 28, 2018. You stated that the Mayor of Chatham and other members of the Board of Aldermen would like <br /> to change the lease to a year by year agreement. All of the terms and conditions of the most recently <br /> expired lease will remain the same except for the length of the lease. However,this new lease agreement <br /> is not an automatic renewal and requires a new signature from your husband. <br /> The Board concluded, and instructed me to inform you, that the Louisiana Code of Governmental Ethics <br /> would prohibit you or your husband from entering into a lease agreement for property owned by you with <br /> the Town of Chatham while you serve as an Alderwoman for the Town. La. R.S. 42:1113A provides that <br /> no public servant, excluding any legislator and any appointed member of any board or commission and <br /> any member of a governing authority of a parish with a population of ten thousand or less, or member of <br /> such public servant's immediate family, or legal entity in which she has a controlling interest shall bid on <br /> or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of <br /> the agency of such public servant. A lease of property owned by you and your husband to the Town of <br /> Chatham would be considered entering into a contract or other transaction with your agency, the Town <br /> Chatham. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented may <br /> result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to <br /> past conduct or laws other than Code of Governmental Ethics. If you have any questions, please contact <br /> me at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LO IRNA BO 1 e ETHICS <br /> AI <br /> rett Robin on <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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