2021-882 (3) - Laserfiche WebLink

The Board noted that the Code does not require resignation. Instead, an appointed member can choose not to undertake the conduct which would be a violation of the Code. However, if an ap- pointed member of the Board of Zoning Adjustment chooses to resign in an attempt to prevent a potential violation of any provision of the Code,the post-employment restrictions of the Code will apply. If a member has a question as to the application of these provisions to transactions with their former agency, they should seek an advisory opinion on the issue. CONCLUSION The Board concluded, and instructed me to inform you, that, generally, appointed members of the Board of Zoning Adjustment are not prohibited by 1113B from submitting applications for the subdivision or resubdivision of property to either the City Commission or the Parish Commission. However, in the event the subdivision or resubdivision application also requires a zoning variance to be approved, then the exception in 1123(34) would not prohibit the appointed member of the Board of Zoning Adjustment from submitting the variance request, provided that all require- ments of 1123(34) exception are met. If the requirements of 1123(34) cannot be met, then the zoning variance would be prohibited by 1113B. The Board further noted that with each of these questions, any analysis as to a specific public servant is highly fact specific as to whether a violation of the Code may occur. Each public servant should request an advisory opinion regarding their specific circumstances. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as pre- sented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. Sincerely, LOUISIANA BOARD OF HICS David M. Bordelon For the Board Page 5 of 5 (BD 2021-882C)