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Last modified
4/1/2024 8:37:57 AM
Creation date
4/11/2022 11:54:42 AM
Metadata
2021-882
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-882
Requesting Party
Paul D. Escott
Agency at Issue
Lafayette City Planning & Zoning Commission
Lafayette Community Development & Planning Department
Decision Date
4/8/2022
Law
1113B
1123(34)
Caption
Adviosry opinion regarding the application of R.S. 42:1123(34) to members of the Lafayette City Planning & Zoning Commission.
Ethics Subject Matters
Prohibited Transactions
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STATE OF LOUISIANA <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> ��� oUr� LOUISIANA BOARD OF ETHICS <br /> � ., <br /> P.O. BOX 4368 <br /> * T * BATON ROUGE,LA 70821 <br /> ccs.' (225)219-5600 <br /> NfiDE" <br /> .....o..••. FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> April 11, 2022 <br /> Paul D. Escott <br /> Assistant City-Parish Attorney <br /> Lafayette Legal Department <br /> P.O. Box 80338 <br /> Lafayette, Louisiana 70598 <br /> Re: Docket No. 2021-882A <br /> Advisory Opinion <br /> Dear Mr. Escott, <br /> The Louisiana Board of Ethics, at its meeting on April 8, 2022, considered your request for an <br /> advisory opinion regarding the recent amendment to the language of La. R.S. 42:1123(34) within <br /> the Code of Governmental Ethics ("Code") as it applies to appointed members of the Lafayette <br /> City Planning & Zoning Commission. <br /> FACTS PROVIDED <br /> The Lafayette Consolidated Government("LCG") Home Rule Charter, Section 4-10,provides for <br /> the existence of the Lafayette City Planning & Zoning Commission ("City Commission"), which <br /> oversees the provisions of the Lafayette Development Code in the corporate limits of the City of <br /> Lafayette.The City Commission is comprised of five members who are appointed by the Lafayette <br /> City Council for five year terms. <br /> The Lafayette Development Code,Article 4, Division 4, provides regulations for the subdivision <br /> process, which means the division of a lot, tract, or parcel of land into two or more lots for the <br /> purpose of sale or building development.The Development Code also provides regulations for the <br /> resubdivision process,which means the consolidation of two or more lots,tracts,or parcels of land <br /> into one lot. All applications for subdivision or resubdivision are submitted initially to the Lafa- <br /> yette Community Development&Planning Department. Once the applications are reviewed, they <br /> are referred to the City Commission for approval.Appeals from decisions of the City Commission <br /> are made to the Lafayette City Council. <br /> PROHIBITED TRANSACTIONS <br /> Generally, La. R.S. 42:1113B provides the following prohibition: <br /> No appointed member of any board or commission, member of his immediate fam- <br /> ily, or legal entity in which he has a substantial economic interest shall bid on or <br /> Page 1 of 6 (BD 2021-882A) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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