| Advisory opinion request regarding whether Francis Nezianya, a member of the Zachary City Council, must recuse himself from voting on a request by Walmart to rezone property where it intends to build a neighborhood grocery store. |
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Francis Nezianya serves as an elected member of the Zachary City Council. He is also a Subway franchisee with three locations situated inside Walmart stores. For those locations, Walmart leases the space to Subway, who, in turn, subleases the space to Mr. Nezianya. Pursuant to that agreement, Mr. Nezianya remits the monthly rental payments, which are based on the gross sales, directly to Walmart.
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La. R.S. 42:1112B(5) prohibits a public servant, except as provided in R.S. 42:1120, from participating in a transaction involving the governmental entity in which, to his actual knowledge, any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
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 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 and prior to the vote that is the subject of discussion or debate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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