Meetings
 
Agenda Item
Docket No. 14-312
 
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RE:
Advisory opinion regarding whether Jason Williams, a newly elected member of the New Orleans City Council, continuing to serve on several organizations' board of directors and representing a person in a wrongful death suit against the City of New Orleans.
Facts:
Jason Williams was recently elected as Councilman-at-large, Division B, of the New Orleans City Council. Mr. Williams also serves on the Board of Directors for the Audubon Institute, the Innocence Project of New Orleans, Partnership for Youth Development, the Mayors Criminal Justice Panel, and Lusher Charter School Board.

In addition, Mr. Williams also represents several plaintiffs in a wrongful death matter against the City of New Orleans. The litigation is in both federal and state court. The federal case is pending appeal after being dismissed. The state case is pending before the Honorable Paula Brown in the Civil District Court for the Parish of Orleans.

Law:
La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

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. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.

Recommendations:
Adopt the proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-312 Draft Opinion(2)
2014-312: Advisory Opinion Request