2022-326 - Laserfiche WebLink

La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a)the interest that the public servant has in his position, office,rank, salary, per diem, other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c)the interest that a person has as a member of the general public. La.R.S.42:1120 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112,he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter,provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate. La. R.S. 42:1119B provides no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity. La. R.S. 42:1119C(2)provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head. La. R.S. 42:1102(3) defines"agency head"to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. ANALYSIS AND CONCLUSION 1. Whether your election to the City of Ruston would prohibit your son, Andrew H. Halbrook, from remaining employed with the City of Ruston? Generally, Section 1119B of the Code would prohibit an immediate family member of a city councilman from being employed by the City of Ruston. However, under the facts presented herein, the exception found in Section 1119C would allow your son, Andrew H. Halbrook, to continue his employment because he has been employed with the City of Ruston for more than a year on the date when you would become a member of the governing authority,and thus,an agency head. 2. If your son is responsible for preparation of portions of the city budget every year, are you allowed to vote on the budget? Page 2 of 3 (BD 2022-326)