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2018-1279
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Last modified
7/12/2021 10:24:25 AM
Creation date
12/18/2018 5:21:31 PM
Metadata
2018-1279
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-1279
Requesting Party
R. Gray Sexton/Commmissioner Savoy
Decision Date
12/14/2018
Law
42:1113B
42:1123(30)
42:1112
Caption
The Code of Governmental Ethics would prohibit Pontchartrain Levee Board Member, Jerry Savoy, from entering into an agreement with the Pontchartrain Levee Board for the acquisition of of an easement on land owned by Mr. Savoy.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
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STATE OF LOUISIANA <br /> , '0'F ti0(js`� <br /> � DEPARTMENT OF STATE CIVIL SERVICE <br /> �,+ 'y, LOUISIANA BOARD OF ETHICS <br /> g. ,tr) •F., P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> **.IPS` o`�,' (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> December 18, 2018 <br /> Mr. R. Gray Sexton <br /> Law Offices of R. Gray Sexton <br /> 8680 Bluebonnet Blvd, Ste. D <br /> Baton Rouge, Louisiana 70810 <br /> Re: Ethics Board Docket No. 2018-1279 <br /> Dear Mr. Sexton <br /> The Louisiana Board of Ethics, at its December 14, 2018 meeting, considered your <br /> request for an advisory opinion on behalf of your client, the Pontchartrain Levee Board (PLD), <br /> regarding whether the Code of Governmental Ethics (Code) would prohibit the PLD from <br /> acquiring an easement on land owned by a member of its Board of Commissioners. You stated <br /> that at the September PLD Board meeting, Commissioner Jerry Savoy publically disclosed that <br /> he, in his individual capacity, had purchased land that is located in the "footprint" of a project <br /> involving the PLD. Alternatively, the PLD wants to know if it could accept a donation of the <br /> easement from Commissioner Savoy. <br /> La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate <br /> family member, or a legal entity in which they have a substantial economic interest, from <br /> entering into or being in any way interested in a transaction that is under the supervision or <br /> jurisdiction of the board or commission. <br /> La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling <br /> interest, or a member of his immediate family may donate services, movable property, or funds <br /> to his agency. <br /> La. R.S. 42:1112 prohibits a public servant from participating in a transaction in which he has a <br /> substantial economic interest. <br /> While the provisions of the Code does not address the PLD's actions with respect to the <br /> acquisition or acceptance of a donation of an easement of property from Commissioner Savoy, <br /> Section 1113B of the Code would prohibit Commissioner Savoy from entering in an agreement <br /> with the PLD for the acquisition of the easement. However, the Board concluded that the <br /> exception found in Section 1123(30) would allow Commissioner Savoy to donate'a servitude <br /> over his land as a servitude; the "use of immovable property" is defined as a service. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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