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1990-069
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1990-069
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Entry Properties
Last modified
9/22/2011 8:43:51 AM
Creation date
4/29/2010 8:34:25 AM
Metadata
1990-069
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
1990-069
Requesting Party
Louisiana Board of Ethics
Parties Involved
R. T. Young
Gary Magee
Agency at Issue
Bogalusa City School Board
Decision Date
8/29/1991
Law
42:1119C
42:1112
Caption
A consent opinion regarding a member of the Bogalusa School Board voting to promote his half-brother
Ethics Subject Matters
Nepotism
Participation
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- ETHICS BOARD <br /> OPINION NO. 90-069 <br /> PAGE 3 <br /> Bogalusa High School passed 4 to 3, with Mr. Young voting in favor <br /> of the promotion of his half- brother. <br /> 5. <br /> At an October 15, 1990 meeting of the Bogalusa School <br /> Board a motion was made to reconsider the issue of Mr. Magee's <br /> promotion. The stated reason for the motion for reconsideration <br /> was the mistaken belief that the Ethics Code's nepotism <br /> restriction was no longer in effect at the time of the original <br /> vote. By a vote of 5 to 0, with Mr. Young and one other school <br /> board member abstaining, Mr. Magee's promotion to the <br /> principalship was reaffirmed. <br /> II. <br /> APPLICABLE LAW <br /> Section 1112 B(1) of the Code is applicable to this <br /> situation. It provides as follows: <br /> S1112. Participation in certain transactions <br /> involving the governmental entity <br /> B. No public servant, except as provided in <br /> R.S. 42:1120, shall participate in a <br /> transaction involving the governmental entity <br /> in which, to his actual knowledge, any of the <br /> following persons has a substantial economic <br /> interest: <br /> (1) Any member of his immediate family. <br /> The term "participate" is defined in Section 1102(15) <br /> to include not only the casting of a vote, but also other forms of <br /> participation in a governmental decision, including actions such <br /> as rendering advice, participating in debate, or otherwise <br /> 0 attempting to influence governmental action. <br />
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