| Advisory Opinion request from John Wayne Jewell, City Attorney for the City of New Roads, concerning the appointment to fill a vacant City Council seat. |
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The City of New Roads is governed by a mayor and a city council. The city council is composed of five (5) members: one "at-large" member who is elected city-wide; and two members from each of two districts. Robert Myer resigned as Mayor effective October 20, 2017. Pursuant to La. R.S. 18:602, the New Roads city council appointed Anthony Daisy to fill the mayor's vacancy. Anthony Daisy held the councilman at-large position until his resignation on October 31, 2017, prior to his appointment as interim mayor.
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La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1113A(1)(b)(i) provides that the Code does not prohibit a municipal or parish governing authority from appointing one of its members to fill a vacancy in accordance with the Louisiana Election Code. No person so appointed, except as provided in R.S. 42:1121(G), shall be eligible to or shall qualify in the next election as a candidate for the office to which he is appointed.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1121G provides that nothing in the Section shall prohibit a former member of a municipal governing authority from being appointed to fill a vacancy in the office of mayor regardless of the amount of time that has elapsed since the termination of the former member's service as a member of the municipal governing authority.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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