2021-882 (3) - Laserfiche WebLink

The Board of Zoning Adjustment has no authority or jurisdiction over the subdivision or resubdi- vision applications. However, in the event the applicant wishes to request a variance in connection with a pending subdivision or resubdivision application, the variance application would be under the authority of the Board of Zoning Adjustment. PROHIBITED TRANSACTIONS La. R.S. 42:1113B provides the following prohibition: No appointed member of any board or commission,member of his immediate fam- ily, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transac- tion which is under the supervision or jurisdiction of the agency of such appointed member. La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves ... Public servants of political subdivisions shall include public employees of municipalities, parishes, and other political subdivisions. La. R.S. 42:1102(18)(a)(ii) defines "public employee" to mean anyone, whether compensated or not,who is appointed by an elected official when acting in an official capacity,and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. La. R.S. 42:1102(23) defines a"transaction involving the governmental entity"to mean: Any proceeding, application, submission, request for a ruling or other determina- tion, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transac- tion involving the agency of a governmental entity shall have the same meaning with respect to the agency. §1123(34)EXCEPTION The Louisiana Legislature created an exception to the Code for transactions involving subdivision and resubdivision applications in La. R.S. 42:1123(34). By Act 340 of the 2021 Regular Session, effective August 1, 2021,R.S.42:1123(34)was amended and now provides that the Code shall not preclude: Page 2 of 5 (BD 2021-882C)