| Advisory opinion request regarding whether Caddo Parish can enter into a professional services contract with Swag Nation if a member of the Caddo Parish Commission also serves on Swag Nation's Board of Directors; whether such commissioner can serve on or chair the subcommittee that makes recommendations regarding the contract; and whether such commissioner must disqualify himself from any vote regarding the contract. |
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Caddo Parish entered into a professional services contract with Swag Nation in 2013 to provide etiquette training to individuals referred by Caddo Parish's Juvenile Services Division. In late 2013, the Caddo Parish Commission (CPC), on the recommendation of the Juvenile Justice Committee (JJC), approved funding for a 2014 contract with Swag Nation. At that time, Commissioner Michael Williams was the chair of the JJC. However, the chairperson of the JJC is subject to change annually when a new CPC president is elected.
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Donna Frazier, Caddo Parish Attorney, submitted this request for an advisory opinion on behalf of Michael Williams, a member of the Caddo Parish Commission.
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La. R.S. 42:1112B prohibits a public servant from participating in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1120 provides that 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 which vote would be a violation of La. R.S. 42:1112, he must recuse himself from voting. An elected official who recuses himself from voting may participate in any discussion or 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 participating in the discussion or debate and prior to the vote that is the subject of discussion or debate.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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