Agenda Item
Docket No. 17-746
Advisory opinion regarding a potential candidate, Mike Danahay, for Mayor of Sulphur as to whether he could remain employed on a part-time basis with a company that does business with the City of Sulphur.
Mike Danahay is considering whether to run for Mayor of the City of Sulphur. Danahay is employed by Lake Charles Office Supply (LCOS) as a field sales representative. Danahay does not have an ownership interest in LCOS, nor does he have any managerial duties. Further, Danahay provided that he is a salaried employee of LCOS and he receives an annual bonus based on accounts attributable to him alone, however as a part-time employee he would not receive an annual bonus. Additionally, Danahay is not an officer, director, trustee nor partner of LCOS and his salary would be completely unaffected by any contract between LCOS and the City of Sulphur. Although the position of Mayor of Sulphur is a full-time position, Danahay would like to remain with Lake Charles Office Supply part-time.

Lake Charles Office Supply does business with the City of Sulphur, however the account is not serviced by Danahay.

La. R.S. 42:1111C(2)(d) provides no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115A(1) or (B) from receiving a gift.

La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.

La. R.S. 42:1112B(3) provides 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 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.

Adopt the proposed advisory opinion.
Assigned Attorney: Greg Thibodeaux
2017-746- Advisory Opinion Draft
2017-746 AOR
2017-746- E-mail from Mike Danahay