Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
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 />