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ANALYSIS <br /> With respect to Mr. Thibodeaux's ability to vote and debate on this transaction, such activities <br /> would be prohibited under La. R.S. 42:1112B(2). Pursuant to La. R.S. 33:3881 et seq., members <br /> of the District Board are appointed by the Council. Therefore, the appointed members are "public <br /> servants" within the meanings of La. R.S. 42:1102(18) and (19)(a). As a 50% owner of the Park, <br /> Mr. Thibodeaux is deemed to have a substantial economic interest in the Park. As the Park has a <br /> substantial economic interest in the transaction, Mr. Thibodeaux would be prohibited from <br /> participating in this transaction. Mr. Thibodeaux would be able, as an appointed member of a <br /> board, to recuse himself from voting on or discussing the matter, pursuant to La. R.S. 42:1120.4. <br /> However, with respect to the transaction as a whole, such transaction would be prohibited under <br /> La. R.S. 42:1113B. As a 50% owner of the Park, Mr. Thibodeaux is deemed to have a substantial <br /> economic interest in the Park. Accordingly,pursuant to La. R.S. 42:1113B, the Park may not enter <br /> into a transaction that is under the supervision or jurisdiction of the District. As the property in the <br /> contemplated transaction would be considered immovable property,the exception contained in La. <br /> R.S. 42:1123(30) would not apply. <br /> CONCLUSION <br /> The Board of Ethics concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would prohibit the Park from dedicating a sewerage treatment plant to the District while <br /> Mr. Thibodeaux serves on the District Board. Further, the Code of Governmental Ethics would <br /> prohibit Mr. Thibodeaux from participating in the debate, discussion and vote on such <br /> contemplated transaction. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. <br /> If you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISI A BOARD OF ETHICS <br /> 7 <br /> Charles E. Reeves, Jr. <br /> For the Board <br /> Page 3 of 3 (BD 2022-029) <br />