| Proposed disqualification plan in relation to an advisory opinion request from the Town of Homer regarding potential Ethics violations by Mayor Alecia Smith. Homer is located in Claiborne Parish. |
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February 21, 2014 the Board allowed The Town of Homer to withdraw their advisory opinion request and instructed the Town that they should file a disqualification plan on behalf of Mayor Smith in accordance with Chapter 14 of the Rules regarding Disqualification pursuant to the Provisions of Section 1112(c) to eliminate any potential violation of Section 1112 of the Code of Governmental Ethics by Mayor Smith.
Mayor Alesia Smith's husbands company, Smith's Medical Supply, retained a contract for the removal of dead bodies with the Town of Homer for many years prior to Mayor Smith being elected. Since the time of the advisory opinion request the Town has decided to implement a plan that will ensure that the Mayor will not participate in any transaction involving Smith's Medical supply.
The Town has proposed that the Town will terminate the contract with Smith's Medical Supply. The Town will contract with the Claiborne Parish Coroner, Dr. Donald Haynes. Dr. Haynes will dispense reimbursement to the parties who transport the dead bodies. The Town of Homer will no longer transact with Smith's Medical Supply.
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La. R.S. 42:1112(B)(3). No public servant shall participate in a transaction involving the governmental entity in which any person of which he is an officer, director, trustee, partner or employee has a substantial economic interest.
Ethics Rules Chapter 14, 1404A The proposed disqualification plan procedure shall be implemented by the employee and his immediate supervisor, and the public employee shall otherwise refrain from participating from the potential transaction until such time as the board has, in writing, provided the public employee, his immediate supervisor, and his agency head with instructions as to the procedure to avoid participation in the prohibited transaction.
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Advise the Town of Homer that under these circumstances they are not required to file a disqualification plan.
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| Assigned Attorney: |
Suzanne Mooney |
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