Meetings
 
Agenda Item
Docket No. 14-195
 
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RE:
Advisory opinion regarding whether Edward Deano, the City Attorney for the City of Mandeville, may participate in discussions regarding whether the City of Mandeville should hire a full-time attorney.
Facts:
Edward Deano is the City Attorney for the City of Mandeville. Mr. Deano has held this position since 2010. As the City Attorney, Mr. Deano is the chief legal advisor to the Mayor, city council, and all departments, offices, and agencies of the City of Mandeville.

In September 2013, the city council approved a resolution authorizing the Mayor to execute an agreement between the city and the law firm Butler Snow to provide a technical review of the city's home rule charter and make recommendations for possible amendments. At the March 13, 2014 meeting of the city council, Butler Snow will make a presentation of the proposed recommendations. At the March 27, 2014 meeting of the city council, the city council will present resolutions approving the recommended amendments that the city wants to make to its charter. In November 2014, the city residents will vote on whether to pass the recommended amendments.

One of the amendments under consideration is whether the city council should hire its own attorney to advise and represent the city council on legal matters. If the amendment passes, then Mr. Deano would no longer represent the city council. During the March 27, 2014 meeting, Mr. Deano anticipates that the city council will ask his legal opinion on whether the city council should hire it own legal advisor.

Law:
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.

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, or 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.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-195: Advisory Opinion Request
2014-195 Draft Opinion