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STATE OF LOUISIANA <br /> 4 <br /> ;;;;;;; DEPARTMENT OF STATE CIVIL SERVICE;; ; <br /> LOUISIANA BOARD OF ETHICS <br /> •(,, at, <br /> lulp, <br /> P.0.BOX 4368 <br /> ; 1;1 • <br /> BATON ROUGE, LA 70821 <br /> \ <br /> (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www ethics la gov <br /> August 15, 2018 <br /> Mr. Paul "Jackie" Loewer <br /> Chairman, La. Rice Research Board <br /> 1373 Caffey Road <br /> Rayne, LA 70578 <br /> Mr. John Owen <br /> Chairman, La. Rice Promotion Board <br /> johneo58@gmai1.com <br /> Re: Ethics Board Docket No. 2018-638 <br /> Dear Mr. Moyer and Mr. Owen: <br /> The Louisiana Board of Ethics, at its July 20, 2018 meeting, considered your joint request for an <br /> advisory opinion regarding whether board members of the Louisiana Rice Research Board(LRRB) <br /> and the Louisiana Rice Promotion Board(LRPB),who are plaintiffs in lawsuits against each board, <br /> may sit in executive session wherein litigation strategy is discussed. You stated that both the LRRB <br /> and the LRPB are named defendants in lawsuits filed by numerous rice producers. You stated that <br /> a board member from each of your respective boards is a named plaintiff in those lawsuits. You <br /> stated that when discussing the litigation, your respective boards enter into executive session to <br /> discuss legal matters with your attorneys defending the case. You questioned whether it would be <br /> an ethics violation for a board member who is a plaintiff in a lawsuit against the board to sit in <br /> executive session wherein litigation strategy is discussed. <br /> The Board concluded and instructed me to inform you, that the Louisiana Code of Governmental <br /> Ethics (Code) would prohibit a board member of either the LRRB or the LRPB, who is a plaintiff <br /> in litigation against either board,from attending an executive session of the board wherein litigation <br /> matters are discussed. La. R.S. 42:1112A prohibits a public servant, except as provided in R.S. <br /> 42:1120,from participating in a transaction in which he has a personal substantial economic interest <br /> of which he may be reasonably expected to know involving the governmental entity. The facts you <br /> presented indicate that the presence of board members who are plaintiffs in litigation against their <br /> respective boards would be in violation of the Code in that their presence in the meeting wherein <br /> litigation matters are discussed would be a form of participation. In that each board member plaintiff <br /> has a personal substantial economic interest in the outcome of the litigation against each board,their <br /> participation would be prohibited. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />