| Advisory opinion regarding members of the Louisiana Rice Promotion Board and the Louisiana Rice Research Board participating in discussions and votes arising from a lawsuit filed against both boards in which the two members are plaintiffs. |
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The Louisiana Rice Promotion Board and the Louisiana Rice Research Board are political subdivisions of the State of Louisiana. The Louisiana Rice Promotion Board and the Louisiana Rice Research Board are currently being sued by a number of farmers. The plaintiffs include one member from the Louisiana Rice Promotion Board and one member from the Louisiana Rice Research Board.
The Louisiana Rice Promotion Board and the Louisiana Rice Research Board hold their meetings at the same time and the boards have gone into joint executive discussions to discuss the lawsuit since both are defendants. The boards have requested the plaintiff-members to recuse themselves from participation since they are plaintiffs in the lawsuit. The member of the Louisiana Rice Promotion Board agreed to recuse himself; however, the member of the Louisiana Rice Research Board refused to recuse himself. For future reference, both the boards seek an advisory opinion as to whether these plaintiff members need to recuse themselves from participating in matters before the boards involving the lawsuit in which they are plaintiffs?
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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. 42:1112B(5) prohibits a public servant from participating in a transaction in which a person has a substantial economic interest when the person has a contract with or is owed a thing of economic value from the public servant or a company in which he owns in excess of 25% and by virtue of contract or indebtedness can affect the economic interest of the person.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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