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(c) The application or applications submitted by or on behalf of the public <br /> servant,a member of his immediate family,or legal entity,collectively,shall <br /> be limited to the subdivision, resubdivision, or zoning of not more than <br /> twelve lots per calendar year and the construction of not more than twelve <br /> residential units per calendar year. <br /> (d)No public funds shall be used to construct any infrastructure for the use <br /> or benefit of such property or development. <br /> (e)The public servant shall file written notice containing all details regard- <br /> ing the transaction deemed necessary by the Board of Ethics with his gov- <br /> erning authority or board or commission and with the Board of Ethics no <br /> later than ten days prior to any hearing pertaining to any such application, <br /> or if no hearing is held pertaining to such application, shall file such notice <br /> at least ten days prior to final action on any such application. <br /> (f) The public servant shall recuse himself from any vote related to such <br /> application and shall not participate in any other aspect of the application or <br /> transaction. <br /> AGENCY <br /> Pursuant to R.S. 42:1102(18)(a)(ii) and 42:1102(2)(a)(vi), the appointed members of the Parish <br /> Commission are "public employees" and their is"agency" is the Parish Commission. <br /> QUESTION 1 <br /> Whether the Code would prohibit an appointed Parish Commission member from submitting an <br /> application for the subdivision or resubdivision of property in Lafayette Parish? <br /> Generally, 1113B prohibits a Parish Commission member, an immediate family member, and a <br /> legal entity in which he has a substantial economic interest, from entering into, or being in any <br /> way interested in a transaction that is under the supervision or jurisdiction of the Parish Commis- <br /> sion. However, the provisions in 1123(34) provide a limited exception to allow a Parish Commis- <br /> sion member, an immediate family member, or a legal entity in which he has a substantial eco- <br /> nomic interest, to submit, or be any way interested in, an application for subdivision or resubdivi- <br /> sion of property to the Parish Commission, provided that all requirements of 1123(34) are met. <br /> QUESTION 2 <br /> Whether the Code would prohibit an appointed Parish Commission member from applying for a <br /> zoning variance with the Board of Zoning Adjustment?You stated that the Parish Commission has <br /> no authority over variances to zoning regulations, and has no authority over the Board of Zoning <br /> Adjustment, as it is a separate entity of Lafayette Consolidated Government. <br /> Section 1113B would not prohibit an appointed member of the Parish Commission from applying <br /> for a zoning variance with the Board of Zoning Adjustment, since that application is not under the <br /> supervision or jurisdiction of the Parish Commission. <br /> Page 3 of 6 (BD 2021-882B) <br />