Created By: Wendy Ingram on 03/14/2007 at 01:45 PM
Category: Lobbyist Advisory Opinions
Dismissed Document:

March 12, 2007

Mr. David Peralta, CAO
St. Bernard Parish Government
8201 W. Judge Perez Drive
Chalmette, LA 70043

RE: Ethics Board Docket No. 2007-047

Dear Mr. Peralta:

The Board of Ethics, at its March 8, 2007 meeting, considered your request for an advisory opinion concerning whether Joseph Oser, an appointed member of the St. Bernard Parish Planning Commission, may vote and participate in discussions in connection with a request to the commission by a person seeking approval to rent property in an area zoned R-1 when the board member is in the business of renting homes. You stated that St. Bernard Parish Government recently passed an ordinance restricting persons from renting property in areas zoned R-1. In order to rent property in such areas, the person must seek approval from the St. Bernard Parish Planning Commission and the St. Bernard Parish Council. The Planning Commission makes recommendations to the Parish Council, which has final disposition of the matter.

The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics, in general, does not prohibit the commission member from participating in considering requests made pursuant to this ordinance; however, Sections 1112 and 1113B of the Code will prohibit the appointed commission member from submitting a request for approval himself and will prohibit his immediate family members or a legal entity in which either the commission member or his immediate family members own a substantial economic interest from submitting a request for approval to the commission. In such case, the appointed member would have to resign from the commission for the request to be considered.

The Board issues no opinion as to laws other than the Code of Governmental Ethics. If you have any further questions, please contact me at (225)763-8777 or at (800)842-6630.



Peggy A. Sabadie
For the Board