| Advisory opinion request as to whether Mary K. Clulee may lease property to public entities while she serves as a member the St. Charles Parish Council. |
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Mary K. Clulee was elected as a member the St. Charles Parish Council in 2015. Ms. Clulee jointly owns property with her husband which may be needed for public use by the St. Charles Parish Sheriff's Office, St. Charles Parish Administration or Recreation Department, and the Louisiana Department of Wildlife and Fisheries.
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La. R.S. 42:1113A(1)(a) prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering 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 in which he has a personal economic interest involving the governmental entity.
La. R.S. 42:1120 requires elected officials to recuse themselves from voting concerning a matter prohibited by La. R.S. 42:1112, but allows the elected official to participate 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 the discussion or debate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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