Agenda Item
Docket No. 17-1115
Advisory opinion request from Brendan M. Greene, Executive Counsel for the Civil Service Commission for the City of New Orleans.
The Civil Service Commission for the City of New Orleans ("Commission") is comprised of five members who are appointed by the New Orleans City Council to overlapping six-year terms. Four of the members are nominated by the Presidents of designated local universities. The fifth member is a City of New Orleans employee who is first nominated by fellow employees, and then appointed to the Commission by the City Council.

The current employee-member of the Commission is employed with the New Orleans Fire Department. He serves as a Captain in a classified employment position.

La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.

La. R.S. 42:1112B(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest. 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.

Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
2017-1115 - Advisory Opinion Draft
2017-1115 AOR