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Last modified
7/12/2021 9:53:40 AM
Creation date
7/7/2020 8:33:35 AM
Metadata
2020-447
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-447
Requesting Party
Robert A. Moore
Decision Date
7/2/2020
Law
La. R.S. 42:1113A(1)(a)
La. R.S. 42:1123(22)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Joseph Pruitt, Jr., a councilman for the Town of Arcadia, from leasing property owned by the Town of Arcadia provided that the lease is contracted in accoradance with La. R.S. 42:1123(22).
Ethics Subject Matters
Prohibited Contracts
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STATE OF LOUISIANA <br /> (;07y 1- tri DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O. BOX 4368 <br /> * ' * BATON ROUGE, LA 70821 <br /> (225)219-5600 <br /> «o»• <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> July 7, 2020 <br /> Robert A. Moore <br /> 3576 Highway 371 <br /> P.O. Box 497 <br /> Ringgold, Louisiana 71068 <br /> Re: Ethics Board Docket No. 2020-447 <br /> Dear Mr. Moore: <br /> The Louisiana Board of Ethics,at its July 2,2020 meeting,considered your request on behalf of the <br /> Town of Arcadia for an advisory opinion as to whether it is a violation of the Code of Governmental <br /> Ethics for a member of the town council to lease property owned by the town. <br /> FACTS PROVIDED <br /> The Town of Arcadia owns an outlet store mall facility.The facility currently has multiple vacancies. <br /> Leases for the facility are handled by the mayors office and the town attorney. Joseph Pruitt, Jr. is <br /> a member of the Arcadia Town Council,but also works as a barber in a private capacity. Mr. Pruitt <br /> would like to enter into a lease for a space in the outlet store mall facility. The Town of Arcadia has <br /> a population less than 5,000 people. <br /> LAWS <br /> La. R.S. 42:1113(A)(1)(a) states no public servant, or a member of such a public servant's <br /> immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into <br /> any contract, subcontract or other transaction that is under the supervision or jurisdiction of the <br /> agency of such public servant. <br /> La. R.S.42:1123(22)provides that the Code shall not preclude any mayor or member of a governing <br /> authority of a municipality with a population of five thousand or less,or legal entity in which he has <br /> a controlling interest,from entering into any transaction that is under the supervision or jurisdiction <br /> of the municipality provided that the transactions are under the supervision or jurisdiction of the <br /> municipality and the municipality submits a plan to the Board of Ethics for approval in accordance <br /> with this Section. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that a lease between Mr.Pruitt and the Town <br /> of Arcadia would not be a violation of the Code of Governmental Ethics, provided that such lease <br /> is made in accordance with the provisions of La. R.S. 42:1123(22), a copy of which is enclosed. It <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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