Advisory opinion request from Brendan M. Greene, Executive Counsel for the Civil Service Commission for the City of New Orleans. |
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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.
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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.
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Adopt the proposed advisory opinion.
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Assigned Attorney: |
David Bordelon |
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