| Advisory opinion request regarding whether any conflict arises if Matt Parker is elected the Commissioner of Insurance while his company, Parker Auto Body, Inc., is one of 39 plaintiffs in a federal lawsuit against 40 insurance companies. |
|
Matt Parker's company Parker Auto Body, Inc. is one of 39 plaintiffs in a federal lawsuit filed against 40 insurance companies transacting business in the state of Louisiana. It does not appear that the Commissioner of Insurance is a named party in the lawsuit. Mr. Parker intends to run for the office of Commissioner of Insurance in the 2015 election and the lawsuit will not be concluded prior to election.
The rulings of the Commissioner of Insurance's office sometimes has the force of law in certain Louisiana courts.
|
|
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. 42:1112B(3) states that no public servant shall participate 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 any elected official, who is required to vote on a matter in violation of Section 1112 of the Code, must recuse himself from voting. The elected official is not prohibited from participating in discussion and debate concerning the matter provided that he verbally discloses the nature of the conflict or potential conflict during his participation in the discussion or debate prior to any vote being taken.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|