| Request for an advisory opinion from City Councilman, M. David Freneaux, of the City of Central City Council. (Pop. 26,864) as to whether he can settle a lawsuit he had filed against the City of Central prior to his being elected councilman. |
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M. David Freneaux was elected to the City of Central City Council in 2018 and his term began January 1, 2019. Prior to his election, Mr. Freneaux filed a lawsuit against the City of Central in 2015 involving a public records request, which lawsuit is still pending. Named as defendants in the lawsuit are the Mayor, the City Clerk, and the private contractor that administers the public records for the City of Central. If successful, the City of Central might be liable for attorney's fees, costs, fines and damages, payable to Mr. Freneaux. Mr. Freneaux would like to settle the lawsuit.
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La. R.S. 42:1112A prohibits a public servant from participating 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. 42:1113A(1)(a) prohibits a public servant, or member of such public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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