2009-846
Created By: Delesiua Womack on 10/06/2009 at 10:43 AM
Category: Lobbyist Advisory Opinions
Caption:
Dismissed Document:

October 6, 2009

Christopher Boudreaux
District Defender
204 Green Street
P.O. Office Box 52
Thibodaux, LA 70302

Marianne Y. Buchanan
Budget Officer
Louisiana Public Defender Board
500 Laurel Street, Suite 530
Baton Rouge, LA 70801

Dear Mr. Boudreaux:

Christopher J. Boudreaux, District Defender for the 17th JDC, entered into a three-year lease agreement with David Robichaux on August 6, 2007 to lease office space for the Public Defender's Office with an expiration date of August 31, 2010 and an option to renew for an additional three years. Since the execution of the lease agreement, the property owner sold the premises to TOGA, LLC. The District Defender's brother, Thomas Boudreaux owns 50% ownership in TOGA.

The Board concluded, and instructed me to inform you, that a violation of the Code will occur if the lease agreement between TOGA, LLC and the District Defender Office for the 17th JDC is renewed. Section 1113A of the Code prohibits a public servant or member of his immediate family from entering into a contract, subcontract or other transaction that is under the supervision of the public servant's agency. Since the original contract was entered into before the District Defender's brother took 50% ownership of the building, the lease agreement may continue until 2010. However, because any renewals or new negotiations of the lease agreement made after the expiration date would be a transaction under the jurisdiction of District Defender’s office made with an immediate family member of the District Defender, the renewal of the lease agreement is prohibited.

This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Ethics The Board issues no opinion as to past conduct or laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.

Sincerely,
LOUISIANA BOARD OF ETHICS


Michael Dupree
For the Board

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