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Advisory opinion request regarding Gonzales City Councilman Terrance Irvin participating in a vote to fund a study to select a location for a service road which may be placed on his father's land. |
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The Gonzales City Council has appropriated $800,000 to pay for a service road that would connect Hwy 30 and Hwy 44 in Gonzales. The purpose of the service road is to alleviate traffic and encourage development. The City Council will vote on funding a preliminary study to determine where the service road should be placed. Councilman Irvin has stated that his father owns land in the area that may be considered by the study.
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La. R.S. 42:1112B(1) prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction involving his governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1120 if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter in violation of La. 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 or debate prior to the vote that is the subject of discussion or debate.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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