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Parish Commission has a substantial economic interest, from submitting, or being any way inter- <br /> ested in,an application for approval of a preliminary plat for the development of commercial prop- <br /> erty located in Lafayette Parish, but outside of the corporate limits of the City of Lafayette. <br /> QUESTION 7 <br /> Whether the Code would prohibit a real estate development company, in which an appointed Parish <br /> Commission member is a part owner, from requesting approval of a preliminary plat for the devel- <br /> opment or rezoning of commercial property in in the City of Lafayette to the Lafayette City Plan- <br /> ning & Zoning Commission? <br /> A company, in which an appointed member of the Parish Commission has a substantial economic <br /> interest,would not be prohibited by 1113B from applying for preliminary plat approval or rezoning <br /> of commercial property to the Lafayette City Planning&Zoning Commission as those transactions <br /> are not under the supervision or jurisdiction of the Parish Commission. <br /> QUESTION 8 <br /> Whether the Code would prohibit an appointed Parish Commission member from applying to the <br /> Board of Zoning Adjustment for a variance on commercial property located in the City of Lafa- <br /> yette? The Board of Zoning Adjustment is a separate entity from the Parish Commission. <br /> An appointed member of the Parish Commission would not be prohibited by 1113B from applying <br /> for a variance on commercial property with the Board of Zoning Adjustment, as that transaction is <br /> not under the supervision or jurisdiction of the Parish Commission. <br /> QUESTION 9 <br /> Whether a prohibited transaction under 1113B would be cured by the recusal of the appointed <br /> Parish Commission member? <br /> The Board concluded that recusal as to an application that does not meet the requirements of <br /> 1123(34) does not cure a potential violation of the Code. <br /> QUESTION 10 <br /> Whether the Code would require an appointed member of the Parish Commission to resign from <br /> their public position to avoid a potential violation of the Code? <br /> The Board noted that the Code does not require resignation. Instead, an appointed member can <br /> choose not to undertake the conduct which would be a violation of the Code. However, if an ap- <br /> pointed member of the Parish Commission chooses to resign in an attempt to prevent a potential <br /> violation of any provision of the Code,the post-employment restrictions of the Code will apply. If <br /> a member has a question as to the application of these provisions to transactions with their former <br /> agency, they should seek an advisory opinion on the issue. <br /> Page 5 of 6 (BD 2021-882B) <br />