Meetings
 
Agenda Item
Docket No. 18-788
 
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RE:
Advisory Opinion request of Nicholas Degueyter, Council member for the Town of Leonville in St. Landry Parish.
Facts:
Nicholas Degueyter currently serves as a Leonville Council member, but is considering running for Mayor. His father, Bobby Degueyter, has been employed by the Town of Leonville since 1984.
Law:
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.



La. R.S. 42:1119C(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.



La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.




La. R.S.42:1120 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which 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 and debate and prior to the vote that is the subject of discussion or debate.



Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2018-788 - Advisory Opinion Draft
2018-788 RAO